Regulation 32 Right to make representations in respect of the immobilisation of a motor vehicleI1
England and Wales
This regulation applies to the keeper or person in charge of a motor vehicle where—
in accordance with regulation 25 an immobilisation device has been fixed to the motor vehicle; and
the keeper or person in charge of the motor vehicle secures the release of the motor vehicle through the payment of an amount in accordance with regulation 26(2).
A person to whom paragraph (1) applies must immediately upon the release of the motor vehicle be given notice in writing—
of their right to make representations to the charging authority in accordance with this regulation;
that the charging authority may disregard any such representations received by it more than 28 days after the notice is served; and
of their right to appeal to an adjudicator if the representations are not accepted,
and that notice must include a statement of the effect of paragraphs (3) and (4).
A person to whom paragraph (1) applies may make representations to the effect—
that one or more of the grounds specified in paragraph (4) apply; or
that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the charging authority should refund some or all of the amount paid to secure the release of the motor vehicle from the immobilisation device,
and any such representations must be in such form as may be specified by the charging authority.
The grounds referred to in paragraph (3)(a) are that—
the circumstances in which the motor vehicle was used or kept on the designated road were not circumstances in which a penalty charge became payable under the charging scheme;
there was in the circumstances of the case no power under these regulations or the charging scheme to immobilise the motor vehicle at the time at which it was immobilised or at all;
the penalty charge paid to secure the release of the motor vehicle exceeded the amount applicable in the circumstances of the case;
there has been a procedural impropriety on the part of the charging authority.