The Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/609 |
| Year | 2008 |
2008 No.609
Road Traffic, Wales
The Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008
Made 6th March 2008
Laid before Parliament 10th March 2008
Coming into force 31th March 2008
The Lord Chancellor, in exercise of the powers conferred on him by sections 78, 81, 82 and 89 of the Traffic Management Act 20041hereby makes the following regulations:
PART 1
PRELIMINARY
Citation, commencement and application
1.—(1) These Regulations may be cited as the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008 and shall come into force on 31st March 2008.
(2) These Regulations apply to Wales.
Interpretation
2.—(1) In these Regulations—
“the 2004 Act” means the Traffic Management Act 2004;
“the 28-day period” has the meaning given by regulation 6(4);
“adjudicator” means an adjudicator appointed under Part 3 of these Regulations;
“applicable discount” and “applicable surcharge” mean the amount of any discount or, as the case may be, surcharge set in accordance with Schedule 9 to the 2004 Act;
“approved device” has the meaning given by Article 2 of the Civil Enforcement of Parking Contraventions (Approved Devices)(Wales) Order 20082;
“enforcement authority” in relation to a penalty charge means the enforcement authority in relation to the alleged contravention in consequence of which the charge was incurred;
“the General Provisions Regulations” means the Civil Enforcement of Parking Contraventions (General Provisions)(Wales) Regulations 20083;
“notice to owner”, subject to regulation 13(4) and 15(9) has the meaning given by regulation 11;
“outstanding” in relation to a penalty charge shall be construed in accordance with paragraphs (2) to (4);
“owner” in relation to a vehicle includes any person who falls to be treated as the owner of the vehicle by virtue of regulation 4 of the General Provisions Regulations;
“pedestrian crossing contravention” means a parking contravention consisting of an offence referred to in paragraph 4(2)(c) of Schedule 7 to the 2004 Act (prohibition on stopping of vehicles on or near pedestrian crossings);
“penalty charge” means a penalty charge relating to a parking contravention in accordance with regulation 3 of the General Provisions regulations;
“penalty charge notice” has the meaning given by regulation 4(1);
“regulation 6 penalty charge notice” has the meaning given by regulation 6.
“the Welsh enforcement authorities” means those enforcement authorities which are local authorities in Wales;
“relevant particulars” has the meaning given by regulation 6(7)(b); and
“the Representations and Appeals Regulations” means the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 20084.
(2) For the purposes of these Regulations a penalty charge is outstanding in relation to a vehicle if—
(a)
(a) the charge has not been paid and the enforcement authority to which the charge is payable has not waived payment, whether by cancellation of the penalty charge notice or notice to owner or otherwise; and
(b)
(b) either—
(i) a notice to owner or regulation 6 penalty charge notice has been served in respect of the charge and the conditions in paragraph (3) are satisfied; or
(ii) no notice to owner or regulation 6 penalty charge notice has been served in respect of the charge and the conditions in paragraph (4) are satisfied.
(3) The conditions referred to in paragraph (2)(c)(i) are that—
(a)
(a) the penalty charge was imposed, in accordance with these Regulations, by an enforcement authority in respect of a parking contravention;
(b)
(b) the penalty charge is the subject of a charge certificate served under regulation 13 which has not been set aside in accordance with regulation 15.
(4) The conditions referred to in paragraph (2)(c)(ii) are that—
(a)
(a) the penalty charge related to a vehicle which, when the penalty charge became payable,—
(i) was not registered under the Vehicle Excise and Registration Act 19945; or
(ii) was so registered, but without the inclusion in the registered particulars of the correct name and address of the keeper of the vehicle;
(b)
(b) having taken all reasonable steps, the enforcement authority to which the penalty charge was payable was unable to ascertain the name and address of the keeper of the vehicle and was consequently unable to serve a notice to owner under regulation 11 or a regulation 6 penalty charge notice; and
(c)
(c) the period of 42 days beginning with the date on which the penalty charge became payable has expired.
Service by post
3.—(1) Subject to paragraph (5), any notice (except a penalty charge notice served under regulation 5) or charge certificate under these Regulations —
(a)
(a) may be served by first class post; and
(b)
(b) where the person on whom it is to be served is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.
(2) Service of a notice or charge certificate contained in a letter sent by first class post which has been properly addressed, pre-paid and posted shall, unless the contrary is proved, be taken to have been effected on the second working day after the day of posting.
(3) In paragraph (2), “working day” means any day except—
(a)
(a) a Saturday or a Sunday;
(b)
(b) New Year’s Day;
(c)
(c) Good Friday;
(d)
(d) Christmas Day;
(e)
(e) any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 19716.
(4) A document may be transmitted to a vehicle hire firm (as defined in regulation 4(4) of the General Provisions Regulations) by a means of electronic data transmission where—
(a)
(a) the vehicle hire firm has indicated in writing to the person sending the notice or document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address; and
(b)
(b) the document is transmitted to that address.
(5) Nothing in this regulation applies to the service of any notice or order made by a county court.
PART 2
PENALTY CHARGES
Penalty charge notices
4.—(1) In these Regulations a “penalty charge notice” means a notice which—
(a)
(a) was given in accordance with regulation 5 or 6 in relation to a parking contravention; and
(b)
(b) complies with the requirements of the Schedule which apply to it as well as to those of regulation 3 of the Representations and Appeals Regulations which so apply.
(2) The Schedule has effect with regard to penalty charge notices.
Penalty charge notices — service by a civil enforcement officer
5. Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice—
(a) By fixing it to the vehicle; or
(b) Giving it to the person appearing to him to be in charge of the vehicle.
Penalty charge notices — service by post
6.—(1) An enforcement authority may serve a penalty charge notice by post where—
(a)
(a) on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;
(b)
(b) a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 5 but was prevented from doing so by some person, or
(c)
(c) a civil enforcement officer had begun to prepare a penalty charge notice in accordance with regulation 5 but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 5,
and references in these Regulations to a “Regulation 6 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.
(2) For the purposes of paragraph (1)(c), a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.
(3) A regulation 6 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.
(4) Subject to paragraph (6), a regulation 6 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
(5) Paragraph (6) applies where—
(a)
(a) within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;
(b)
(b) an earlier regulation 6 penalty charge notice relating to the same contravention has been cancelled under regulation 15(5)(c); or
(c)
(c) an earlier regulation 6 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.
(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 6 penalty charge notice—
(a)
(a) in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or
(b)
(b) in a case falling...
To continue reading
Request your trial