Regulation 35 Right to make representations in respect of the removal and disposal of a motor vehicleI1
England and Wales
This regulation applies to a person where, as respects a motor vehicle that has been removed under regulation 27(1)—
the person is required to pay an amount to take possession of the motor vehicle under regulation 30(2)(b);
the person receives a sum in respect of the motor vehicle under regulation 31(3);
the person is informed that the proceeds of sale of the motor vehicle did not exceed the aggregate amount of the penalty charges and any road user charges under the charging scheme due to the charging authority under regulation 28(4)(a)(iv); or
the person is informed that the motor vehicle was disposed of without there being any proceeds of sale.
A person to whom paragraph (1) applies must immediately upon the happening of an occurrence referred to in paragraph (1), be notified 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 such notice was served;
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 take possession of the motor vehicle or deducted from the proceeds of sale,
waive its right to recover all or any of the sums due to it on account of the removal or disposal of the motor vehicle,
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;
that there was in the circumstances of the case no power under these Regulations or the charging scheme to remove or dispose of the motor vehicle;
that the penalty charge paid to take possession of the motor vehicle exceeded the amount applicable in the circumstances of the case;
that there has been a procedural impropriety on the part of the charging authority.