Regulation 11 Right to appeal to an adjudicatorI1
England and Wales
Where a charging authority serve notice under regulation 10(5)(b) that they do not accept that a ground on which representations were made under that regulation has been established, the person making those representations may appeal to an adjudicator against the authority’s decision, before—
the end of the period of 28 days beginning with the date of service of the notice; or
such longer period as an adjudicator may allow following consultation with the charging authority.
An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has already expired.
On an appeal under this regulation, the adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in regulation 10(3) and, if he concludes—
that any of the representations are justified; and
that the charging authority would have been under the duty imposed by regulation 10(6) to refund any sum if they had served notice that they accepted that the ground in question had been established,
he shall direct the authority to make the necessary refund.
It shall be the duty of a charging authority to whom such a direction is given to comply with it.
Annotations
Textual amendments
- F1
Reg. 11(1A) inserted (17.2.2003) by The Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003 (S.I. 2003/108), regs. 1, 6(2)