Regulation 10 Right to make representationsI1
England and Wales
A relevant person shall, on the happening of an event such as is referred to in paragraph (a), (b), (c) or (d) of regulation 9, thereupon be informed by notice in writing, by or on behalf of the charging authority, of his right to make representations under this regulation and his right of appeal under regulation 11.
A relevant person may make representations in writing to the charging authority on one or more of the grounds mentioned in paragraph (3).
The grounds are—
that in the particular circumstances of the case, the immobilisation, removal or disposal of the vehicle was not authorised by the charging scheme or the Charges and Penalty Charges Regulations;
in a case where an immobilisation device was fitted to the vehicle or the vehicle was removed on the ground that the vehicle was being used or kept on a road in contravention of the charging scheme, that the vehicle was on that occasion being used or kept on the road by a person who was in control of the vehicle without the consent of the person liable;
that the penalty charge paid to secure the release or recovery of the vehicle exceeded the amount applicable in the circumstances of the case;
in a case where the vehicle was fitted with an immobilisation device or was removed and penalty charges were outstanding with respect to the vehicle, that—
those penalty charges were all incurred before the person liable in relation to the vehicle at the time of its immobilisation or removal had become the person liable in relation to that vehicle; or
the number of penalty charges incurred after he had become the person liable was fewer than such number as may be specified for the purposes of regulation 10(1)(b) or 12(1)(b), as the case may be, of the Charges and Penalty Charges Regulations; or
that the relevant person is a vehicle-hire firm and—
the vehicle in question was at the time the device was fitted to it or the vehicle was removed hired from that firm under a hiring agreement; and
the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge incurred in respect of the vehicle during the currency of the hiring agreement.
A charging authority may disregard any representations received by them after the end of the period of 28 days beginning with the date on which the relevant person is informed in accordance with paragraph (1) of his right to make representations.
It shall be the duty of a charging authority to whom representations are duly made under this regulation, before the end of the period of 56 days beginning with the day on which they receive the representations—
to consider them and any supporting evidence which the person making them provides; and
to serve on that person a notice of their decision as to whether or not they accept that the ground in question has been established.
Where a charging authority serve notice under paragraph (5)(b) that they accept that a ground has been established they shall (when serving that notice or as soon as practicable thereafter) refund any penalty charge or charges—
paid to secure the release of the vehicle from an immobilisation device;
paid to recover the vehicle after it had been removed from a road;
deducted from the proceeds of sale of the vehicle,
except to the extent (if any) to which those sums were properly paid or deducted.
Where a charging authority serve notice under paragraph (5)(b) that they do not accept that a ground has been established, that notice shall—
inform the relevant person of his right to appeal to an adjudicator under regulation 11;
indicate the nature of the adjudicator’s power to award costs against any person appealing to him under that regulation;
describe in general terms the form and manner in which such an appeal is required to be made; and
provide such other information as the charging authority consider appropriate.
Where a charging authority fail to comply with paragraph (5) before the end of the period of 56 days there mentioned—
they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under paragraph (6); and
paragraph (6) shall have effect as if they required any refund to be made immediately after the end of that period.
Any notice required to be served under this regulation may be served personally or by post or in such form as is agreed between the charging authority and the relevant person.
Where the person on whom any document is required to be served by paragraph (5) is a body corporate, the document is duly served if it is sent by post or any such form as is agreed to the secretary or clerk to that body.
Annotations
Textual amendments
- F1
Reg. 10(3)(d) substituted (17.2.2003) by The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003 (S.I. 2003/108), regs. 1, 5(2)