OpenLegislation

Regulation 9 Representations against penalty charge noticesI1

England and Wales

(1)

Where it appears that any of the grounds mentioned in paragraph (2) are satisfied, the chargee may make representations in writing to that effect to the licensing authority which served the penalty charge notice.

(2)

The grounds are that—

(a)

the circumstances stated in the penalty charge notice—

(i)

did not occur, or

(ii)

did not occur at the date or time or in the manner specified in the notice;

(b)

the penalty charge exceeded the amount applicable in the circumstances of the case.

(3)

The licensing authority may disregard any representations received after the end of the period of 28 days beginning with the date on which the penalty charge notice is served.

(4)

It is the duty of a licensing authority to which representations are duly made under this regulation—

(a)

to consider them and any supporting evidence which is provided with them, and

(b)

to serve on the chargee notice of its decision as to whether or not it accepts that the ground in question has been established (and, if it accepts that it has, whether completely or partially).

Annotations

Commencement

I1

Reg. 9 in force at 1.10.2009, see reg. 1(1)