Paragraph 3 Action upon receipt of notice of appeal and copy of such noticeI1
England and Wales
On receiving a notice of appeal the proper officer must—
serve an acknowledgement of its receipt to the appellant; and
enter particulars of the appeal in the register.
Subject to sub-paragraph (3), if satisfied that the notice is in accordance with paragraph 2, the proper officer must serve on the charging authority a copy of the notice of appeal and any directions extending the time limit for appealing.
The requirement under sub-paragraph (2) does not apply where the adjudicator has declined a request under paragraph 2(3) to extend the appeal period.
Upon receipt of a copy of the notice of appeal served on it under sub-paragraph (2) the charging authority must within 14 days serve on the proper officer copies of—
the penalty charge notice giving rise to the appeal;
the original representations; and
the relevant notice of rejection.
If the proper officer receives a notice of appeal and considers that it may not be in accordance with paragraph 2, the proper officer must refer the issue of its validity to an adjudicator.
If the adjudicator determines that a notice of appeal referred under sub-paragraph (5) is in accordance with paragraph 2, the proper officer must deal with it in accordance with sub-paragraph (2).
If—
a notice of appeal is served outside the appeal period with a request to extend the appeal period and the adjudicator declines to direct that the period be extended; or
the adjudicator determines that a notice of appeal is not in accordance with paragraph 2,
the proper officer must inform the appellant that the adjudicator has declined the request for an extension or, as the case may be, of the reasons why the adjudicator considers that the notice does not accord with paragraph 2 and must record the action taken in the register.
Annotations
Commencement
- I1
Sch. para. 3 in force at 2.9.2013, see reg. 1(1)
Notes on Schedule
Modifications
- C1
Sch. applied (with modifications) (1.4.2018) by The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 (S.I. 2018/171), regs. 1(2), 19(1)