Regulation 6 Release of immobilised vehicles

For regulation 11(2) and (3), there shall be substituted—

“(2)

For the purposes of these Regulations a penalty charge is outstanding in relation to a vehicle if—

(a)

it is a penalty charge imposed by a charging scheme in respect of the use or keeping of the vehicle in the charging area to which the scheme relates;

(b)

it has either not been paid before the end of the relevant period as defined by regulation 17(2) or (3) as the case maybe, of the Enforcement Regulations or it has not been cancelled; and

(c)

it is not the subject of an outstanding appeal.

(3)

For the purposes of paragraph (2)(c), a penalty charge is to be treated as being the subject of an outstanding appeal if—

(a)

no representations against the penalty charge notice have been made to the charging authority as mentioned in regulation 13(1) of the Enforcement Regulations, but the period specified in regulation 13(2) of the Enforcement Regulations has not ended;

(b)

such representations have been made and the charging authority has not served notice in accordance with regulation 13(6) of the Enforcement Regulations of their decision as to whether or not they accept that the ground on which the representations were made has been established;

(c)

such representations have been made and the charging authority has served notice under regulation 13(6) of the Enforcement Regulations that they do not accept that the ground on which the representations were made has been established and no appeal to an adjudicator has been made, but the period for making an appeal to an adjudicator specified in regulation 16(1)(a) of those Regulations has not ended; or

(d)

such an appeal has been made but has not been determined.”