{
  "url": "https://openlegislation.uk/road-user-charging-schemes-penalty-charges-adjudication-and-enforcement-england-regulations-2013/regulation-11",
  "json_url": "https://openlegislation.uk/road-user-charging-schemes-penalty-charges-adjudication-and-enforcement-england-regulations-2013/regulation-11.json",
  "legislation": "uksi/2013/1783",
  "legislation_title": "The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/road-user-charging-schemes-penalty-charges-adjudication-and-enforcement-england-regulations-2013",
  "path": "regulation/11",
  "kind": "regulation",
  "number": "11",
  "heading": "Appeals to an adjudicator in relation to decisions under regulation 10",
  "text": "(1) Where a charging authority serves a notice of rejection under regulation 10(1) in relation to representations made under regulation 8, the person making those representations may appeal to an adjudicator against the charging authority’s decision—\n(a) within the period of 28 days beginning with the date of service of the notice of rejection; or\n(b) within such longer period as an adjudicator may allow.\n(2) 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 expired.\n(3) An appeal pursuant to this regulation must be made by delivering a notice of appeal to the proper officer in accordance with paragraph 2 of the Schedule.\n(4) An appeal pursuant to this regulation must be determined by an adjudicator in accordance with the procedure set out in the Schedule.\n(5) On an appeal under this regulation the adjudicator must consider the representations in question and any additional representations which are made by the appellant together with any representations made to the adjudicator by the charging authority.\n(6) If the adjudicator concludes that a ground specified in regulation 8(3) applies, the adjudicator must allow the appeal and the proper officer must notify the appellant and the charging authority of the outcome in accordance with paragraph 11(3) of the Schedule.\n(7) Where an appeal is allowed the adjudicator may give such directions to the charging authority as the adjudicator may consider appropriate for the purpose of giving effect to the adjudicator’s decision, and such directions may in particular include directions requiring—\n(a) the cancellation of the penalty charge notice; and\n(b) the refund of such sum (if any) as may have been paid to the charging authority in respect of the penalty charge or the road user charge it relates to.\n(8) A charging authority to which a direction under paragraph (7) is given must comply with it as soon as reasonably practicable.\n(9) If the adjudicator does not allow the appeal but is satisfied that there are compelling reasons why, in the particular circumstances of the case, the penalty charge notice should be cancelled the adjudicator may recommend to the charging authority in writing that it cancels the penalty charge notice.\n(10) It is the duty of a charging authority to which a recommendation is made under paragraph (9) to consider afresh the cancellation of the penalty charge notice taking account of any observations made by the adjudicator and, within the period of 35 days beginning with the date on which the recommendation is received, to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.\n(11) If the charging authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation under paragraph (9), it must at the same time inform them of the reasons for its decision.\n(12) No appeal to an adjudicator lies against the decision of the charging authority under paragraph (11).\n(13) If the charging authority accepts the adjudicator’s recommendation under paragraph (9) it must cancel the penalty charge notice and refund to the appellant any sum paid in respect of the penalty charge and (if applicable) the road user charge it relates to as soon as reasonably practicable.\n(14) If the charging authority fails to comply with the requirements of paragraph (10) within the 35 day period mentioned in that paragraph, the authority is to be taken to have accepted the adjudicator’s recommendation and must cancel the penalty charge notice and refund to the appellant any sum paid in respect of the penalty charge and (if applicable) the road user charge it relates to as soon as reasonably practicable after the end of that period.\n(15) If, on an appeal under this regulation, the adjudicator, after considering the representations made by the appellant or the charging authority, concludes that none of the grounds specified in regulation 8(3) applies, nor that there are compelling reasons why the penalty charge notice should be cancelled, the adjudicator must dismiss the appeal and the proper officer must notify the appellant and the charging authority of the outcome in accordance with paragraph 11(3) of the Schedule.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 11 in force at 2.9.2013, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/1783/regulation/11",
    "retrieved_at": "2026-10-29T00:47:32.346144+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}