Regulation 12 Recovery of penalty fare as a civil debtI1

England, Wales and Scotland

(1)

Where a person charged a penalty fare under regulation 5(1) has not paid the penalty fare in full, the operator on whose behalf the penalty fare was charged may recover the amount outstanding as a civil debt in any of the following circumstances—

(a)

the person did not appeal under regulation 16 against the penalty fare within the 21 day period provided for by regulation 16(1)(a);

(b)

the person—

(i)

appealed under regulation 16 within that period;

(ii)

the relevant Appeal Panel notified the person that it had not allowed the appeal;

(iii)

the relevant Appeal Panel adhered to the time period specified in paragraph 6 of Schedule 2; and

(iv)

the person did not appeal under regulation 17 against that decision within the 14 day period provided for by regulation 17(1)(a);

(c)

the person—

(i)

appealed under regulation 17 within that period;

(ii)

the relevant Appeal Panel notified the person that it had not allowed the appeal;

(iii)

the relevant Appeal Panel adhered to the time period specified in paragraph 6 of Schedule 2; and

(iv)

the person did not appeal under regulation 18 against that decision within the 14 day period provided for by regulation 18(1)(a); or

(d)

the person—

(i)

appealed under regulation 18 within that period;

(ii)

the relevant Final Appeal Panel notified the person that it had not allowed the appeal; and

(iii)

the period of 14 days, beginning with the day following the day on which the notice of that decision was received, has elapsed.

Annotations

Commencement

I1: Reg. 12 in force at 6.4.2018, see reg. 1(b)