Paragraph 3

(1)

Section 5 (service of penalty charge notice where parking attendant prevented from issuing a notice) shall be amended as follows.

(2)

For subsection (1) there shall be substituted—

“(1)

Where a parking attendant attempts to issue a penalty charge notice in accordance with section 66(1) of the Act of 1991^f1 but is prevented from doing so by any person—

(a)

Transport for London, if the attendant was acting on its behalf; or

(b)

in any other case the council on whose behalf the attendant was acting,

may serve a penalty charge notice on the person appearing to it or them to be the owner of the vehicle.”

(3)

In subsection (2) for “A participating council may not serve a penalty charge notice” there shall be substituted “A penalty charge notice may not be served”.

(4)

In subsection (4)—

(a)

in paragraph (a) for “the council” there shall be substituted “the council or, as the case may be, to Transport for London”; and

(b)

in paragraph (b) for “council who” there shall be substituted “body which”.

Annotations

Footnotes

f1: I.e. the Road Traffic Act 1991 (c. 40): see the London Local Authorities Act 2000 section 3(1).