Legislation and Regulations

A Penalty Charge Notice (PCN) is payable by the Person who was the owner at the material time (Reg 5 (3) General Regs Wales), unless the vehicle was hired from a vehicle hire firm under a compliant hiring agreement and the authority has accepted the hire firm’s representations. Then the PCN is payable by the hirer, who is treated as the owner (Reg 5 (3) General Regs Wales).

A PCN for a bus lane or moving traffic contravention can only be served based on evidence of a record produced by an approved device (Reg 6 General Regs Wales).

An approved device is defined as having the meaning given by article 2 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices) (Wales) Order 2013 (Reg 2 General Regs Wales).

Circumstances in which a Regulation 10 PCN can be served by post:

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 road traffic contravention committed in relation to a vehicle in a civil enforcement area (Reg 10 (1) (a) General Regs Wales).

A road traffic contravention includes a bus lane and a moving traffic contravention (Reg 2 General Regs Wales).

A Regulation 10 Penalty Charge Notice (PCN) must contain the information in Sched 1 General Regs Wales and Reg 3 Appeal Regs Wales, and be in the form set out in Sched 2 General Regs Wales or in a form to like effect, provided that it contains all the information required by the Regulations (Reg 8 General Regs Wales).

Sched 1 (2) General Regs Wales – Particulars to be included:

The date of the notice, which must be the date on which it is posted.

The Enforcement Authority.

The vehicle registration mark.

The date and time at which the alleged contravention occurred.

The amount of the penalty charge.

The manner in which the penalty charge must be paid.

The grounds on which the Enforcement Authority believes a penalty is payable.

That the penalty charge must be paid within the period of 28 days beginning with the date on which the PCN is served.

That if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount.

Applicable date
21 days from date of service of the PCN if the notice is served by virtue of Reg 10 (1) (a) General Regs Wales on the basis of a record of an approved device; otherwise, 14 days if served by post (Reg 10 (1) (b) or (c) General Regs Wales).

(Sched 1 (3) General Regs Wales) 

That if, after the last day of the period of 28 days, no representation has been made in accordance with Reg 4 of the Appeal Regs Wales and the penalty charge has not been paid, the Enforcement Authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce the payment of the increased charge.

The amount of the increased charge.

The reason for service of the Penalty Charge Notice by post (i.e. the reasons set out in Reg 10 (1) General Regs Wales.

Regulation (3) (2) Appeal Regs Wales:

That the recipient may make representations in accordance with Reg 4 Appeal Regs Wales but any representations made outside the period of 28 days beginning with the date of service of the notice may be disregarded.

The nature of the representations that can be made under Reg 4 Appeal Regs Wales.

The form in which the representations must be made.

The address to which the representations must be sent, including as appropriate:

email address

FAX telephone number

postal address.

That the recipient may appeal to an Adjudicator if the Enforcement Authority does not accept representations made in time, or if representations made out of time are not disregarded.

The form and manner in which an appeal may be made.

If the PCN is served under Reg 10 (1) (a) General Regs Wales (i.e. by an approved device that the recipient of the notice may ask the Enforcement Authority to:

either make available at its offices, free of charge and at a time during normal office hours, so specified for the recipient or their representative the record of the alleged road traffic contravention made by the approved device (Reg (3) (5) (a) Appeal Regs Wales)

OR

provide still images from the record made by the approved device that in the Enforcement Authority’s opinion establish that the road traffic contravention took place (Reg (3) (5) (b) Appeal Regs Wales).

The Enforcement Authority must comply with requests to view footage or see images within a reasonable time (Reg (3) (6) Appeal Regs Wales).

Reg 4 Appeal Regs Wales refers to formal representations against a Notice to Owner (NtO).

A NtO is either served under Reg 18 Gen Regs Wales or a Regulation 10 Penalty Charge Notice (PCN), as defined in Reg 2 Appeal Regs Wales.

The representations must:

Be made in such form as specified by the Enforcement Authority.

Be to either or both of the following effects:

One of the grounds in Reg 4 (4) Appeal Regs Wales applies, and/or:

There are compelling reasons why the Enforcement Authority should cancel the penalty and refund any money paid to it on account of the penalty.

Regulation 4 (4) grounds:

(a) the contravention did not occur;

(b) the recipient was not the owner at the time

If the information is known by the recipient, the name and address of the buyer/seller must be provided;

(c) the vehicle was in control of a Person who did not have the consent of the owner;

(d) the recipient was a vehicle hire firm

the name and address of the hirer must be provided;

(e) the penalty exceeded the amount applicable in the circumstances of the case;

(f) there has been a procedural impropriety by the Enforcement Authority;

(g) the order which is said to have been contravened is invalid;

(h) for a Reg 10 PCN that no one prevented the civil enforcement officer from fixing to the vehicle or handing it to Person who appeared to be in charge;

(i) the NtO should not have been served because the penalty has been paid in full or at the discounted amount within the relevant time period.

Reg 4 (5) Appeal Regs Wales defines procedural impropriety as a failure by the Enforcement Authority to observe any requirement imposed on it by the:

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2013 General Regs Wales

2013 Appeal Regs Wales.

in relation to the imposition or recovery of a penalty charge or other sum.

A failure includes, in particular, the taking of any step, whether or not involving the service of any document, otherwise than in accordance with the conditions subject to which, or at the time or during the period, when it is authorised or required by either set of Regulations to be taken.

Includes the purported service of a Charge Certificate before the Enforcement Authority is authorised to serve it.

Reg 5 Appeal Regs Wales refers to the duty of an Enforcement Authority to consider representations.

The Enforcement Authority may disregard representations received after the end of the period of 28 days beginning with the date when the Notice to Owner (NtO) was served.

If representations are made in accordance with Reg 4 (2) Appeal Regs Wales – in the correct form and relying on a specific ground or compelling mitigation – and they are not disregarded because they are out of time, the Enforcement Authority must, within a period of 56 days beginning with the date on which the representations are received:

consider the representations made, and:

serve a decision notice to state whether they accept the representations.

If the representations are accepted, the Enforcement Authority must:

cancel the NtO

say in its decision that the NtO has been cancelled

when it serves the decision notice, refund any sums paid.

If the Enforcement Authority does not comply with the 56-day time limit for considering representations, the representations are deemed to be accepted and the Enforcement Authority must service a notice cancelling the enforcement notice – should this be updated to PCN?, refunding any sums paid and informing the recipient that the enforcement notice is cancelled due to the failure to comply with time limits (Reg  5 (5) and (6) Appeal Regs Wales).

If the Enforcement Authority does not accept representations, the notice (Notice of Rejection of Representations [NoR]) of the decision must state:

that a Charge Certificate may be served, unless before the end of 28 days beginning with the date of service of the NoR, the penalty is paid or an appeal lodged

indicate the nature of the Adjudicator’s power to award costs

describe the form and manner in which an appeal must be made.

The NoR may contain such other information as the Enforcement Authority considers appropriate.

Where the Notice of Rejection relates to a Regulation 10 Penalty Charge Notice (PCN), the NoR must state that the Enforcement Authority will allow the applicable discount to apply for a further 21 days, beginning with the date on which the NoR was served (Reg 6 (3) Appeal Regs Wales).

Appeals to the Adjudicator must be made within 28 days of service of a Notice of Rejection of Representations (NoR) or such longer period as the Adjudicator may allow (Reg 7 Appeal Regs Wales).

The Adjudicator must consider:

representations made under Reg 4 Appeal Regs Wales and any additional representations under Reg 4 (2) (ii) (i.e. compelling mitigation)

any representations made to the Adjudicator by the Enforcement Authority.

If the Adjudicator considers that a ground under Reg 4 (4) applies, they may give appropriate directions to the Enforcement Authority, which may in particular include directions to cancel the PCN, cancel the Notice to Owner (NtO) or refund any sums paid (Reg 7 (3) Appeal Regs Wales).

Recommendations:    

If the appeal is not allowed, but the Adjudicator is satisfied that there are compelling reasons why the NtO should be cancelled, the Adjudicator may recommend that the NtO is cancelled.

The Enforcement Authority must consider afresh the cancelling of the NtO, giving full consideration to the Adjudicator’s observations and make a decision within 35 days (Reg 7 (9) Appeal Regs Wales).

If the recommendation is not accepted, the Enforcement Authority must give reasons.

If the recommendation is accepted, the Enforcement Authority must cancel the NtO and refund any monies paid.

Note: If the 35-day time limit is not complied with, the recommendation is deemed to have been accepted
(Reg 7 (13) Appeal Regs).

A charging scheme can provide that a Penalty Charge Notice (PCN) is to be imposed where:

(a) the motor vehicle has been used or kept on a designated road
(b) events have occurred by reference to the happening of which a road user charge is imposed by the charging scheme, and:
(c) the road user charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid

(Reg 4 (1) RUCA Regs)

Road user charges and penalty charges imposed upon a relevant vehicle by a charging scheme are to paid by the registered keeper of the vehicle (Reg 6 (1) RUCA Regs), unless:

the relevant vehicle is not registered, in which cases the road user charges and penalty charges are to be paid by the Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (2) RUCA Regs).

Relevant vehicle
A motor vehicle in respect of which road user charges or penalty charges are imposed by a charging scheme due to it having been used or kept on a designated road (Reg 6 (7) (a) RUCA Regs).

Relevant time
The time at which a relevant vehicle was used or kept on a designated road, so as to incur road user charges under a charging scheme (Reg 6 (7) (b) RUCA Regs).

before the relevant time, the registered keeper notified the Secretary of State of a change in ownership of the vehicle, in which case the road user charges and penalty charges are to paid by Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (3) RUCA Regs)

at the relevant time, the relevant vehicle was used or kept by a Person who was a vehicle trader and that vehicle trader was not the registered keeper, in which case road user charges and penalty charges are payable by that Person (Reg 6 (4) RUCA Regs)

at the relevant time, the registered keeper was a vehicle hire firm and the relevant vehicle was hired to any Person under a hiring agreement with the vehicle hire firm and the Charging Authority has been given:

a statement signed by or on behalf of the vehicle hire firm that the vehicle was hired to a named Person under a hiring agreement

a copy of the hire agreement, or at the discretion of the Charging Authority, relevant extracts, and:

a copy of a statement of liability signed by the hirer that they are liable for road user charges or penalty charges incurred while they are the hirer and giving the hirer’s residential or business or other address as one at which documents may be given to hirer

in which case, road user charges are to be paid by the hirer (Reg 6 (5) RUCA Regs).

Note: Amendments to Reg 6 were made by the RUCA Amendment Regs.

Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid (and in those circumstances the charging scheme provides for the payment of a penalty charge), the Charging Authority may serve a Penalty Charge Notice (PCN).

A PCN must be served on the registered keeper unless (in accordance with Reg 6 RUCA Regs) the penalty charge is payable by another Person, in which case the PCN must be served on that other Person (Reg 7 RUCA Regs).

A Dart Charge Penalty Charge Notice (PCN) must contain the information in Reg 7 (3) RUCA Regs:

The date of the notice, which must be the date on which it is posted or sent by electronic transmission.

The name of the Charging Authority.

The vehicle registration mark.

The date and time at which the Charging Authority claims that the motor vehicle was used or kept on the designated road in circumstances in which, by virtue of the charging scheme, a road user charge is payable in respect of the motor vehicle.

The grounds on which the Charging Authority believes a penalty is payable.

The amount of the penalty charge that is payable if the penalty charge is paid in full –

within 14 days of the day on which the PCN is served

after the expiry of such 14-day period, but within 28 days of the day on which the PCN is served

after the service of a Charge Certificate.

The manner in which the penalty charge must be paid and the address to which payment of the penalty charge must be sent.

That the recipient of the penalty charge is entitled to make representations to the Charging Authority against the imposition of the penalty charge on any of the grounds specified in Reg 8 (3) RUCA Regs.

The address (including as appropriate any email address, fax telephone number as well as a postal address) to which representations must be sent and the form in which they must be made.

That the Charging Authority may disregard any representations received by it more than 28 days after the PCN was served.

In general terms, the form and manner in which an appeal to an Adjudicator may be made.

Reg 8 RUCA Regs refers to how the recipient of a Dart Charge Penalty Charge Notice (PCN) may make representations to the Charging Authority in writing that:

one of the grounds in Reg 8 (3) Appeal Regs applies, and/or:

that there are compelling reasons why in the particular circumstances the PCN should be cancelled.

The Charging Authority may disregard representations it receives after the end of the period of 28 days beginning with date of service of PCN.

Regulation 8 (3) grounds:

(a) the recipient was never the registered keeper, or had ceased to be registered keeper, or became registered keeper after the date the vehicle incurred the road user charge

If the information is known by the recipient, the name and address of the buyer/seller must be provided;

(b) at the time the road user charge was incurred, the vehicle was in control of a Person who did not have the consent of the owner

Representations must include a statement of the crime reference number, police unique reference number, insurance claim reference or other evidence of the vehicle being stolen or taken without the Person’s authority, and:

If the information is known, the name and address of the Person using the vehicle without consent;

(c) the recipient was a vehicle hire firm and liability has been transferred to the hirer in accordance with Reg 6 (5) RUCA Regs

The name and address of the hirer must be provided;

(d) the road user charge was paid at the time and in the manner required;

(e) no road user charge is payable under the charging scheme;

(f) the penalty exceeded the amount applicable in the circumstances of the case;

(g) there has been a procedural impropriety on the part of the Charging Authority.

Reg 8 (4) RUCA Regs defines procedural impropriety as a failure by the Charging Authority to observe any requirement imposed on it by the:

TA 2000

RUCA Regs.

in relation to the imposition or recovery of a penalty charge or other sum.

A failure includes, in particular, the taking of any step, whether or not involving the service of any document, otherwise than in accordance with the conditions subject to which, or at the time or during the period, when it is authorised or required by the Regulations to be taken.

In the case where the Charging Authority is seeking to recover an unpaid penalty charge, the purported service of a Charge Certificate under Reg 17 RUCA Regs (a failure would apply if the certificate is served before the charging authority is authorised to serve it).

Reg 8 (9) RUCA Regs refers to the duty of a Charging Authority to consider representations.

The charging authority has a duty to consider the representations and any supporting evidence, and
– within the period of 56 days beginning with the date on which the representations are served on it – to serve on that Person notice of its decision of whether it accepts:

that one of the grounds in Reg 8 (3) RUCA Regs are established, or

that there are compelling reasons why in the circumstances of the case the PCN should be cancelled.

Failure to comply with the 56-day time limit means representations are deemed to be accepted and the Charging Authority must, as soon as is practicable, refund any sum paid with respect to the PCN and the road user charge.

Reg 9 RUCA Regs covers how a Charging Authority must respond if it accepts representations against the PCN. If it accepts representations, the Charging Authority must:

cancel the PCN

state in the notice served under Reg 8 (9) (b) RUCA Regs that the PCN has been cancelled

refund any sums paid in respect of the PCN and (if applicable) the road user charge.

The cancellation of the PCN is not to be taken as preventing the Charging Authority from serving another PCN on the same or any other Person.

Note: Amendments to Reg 9 (1) RUCA Regs were made by the RUCA Amendment Regs.

If the Charging Authority does not accept representations, the notice (Notice of Rejection of Representations [NoR]) of the decision (served under Reg 8 (9) (b) RUCA Regs) must state:

that a Charge Certificate may be served, unless before the end of 28 days beginning with the date of service of the NoR, the penalty is paid or an appeal lodged

indicate the nature of the Adjudicator’s power to award costs against a Person appealing

describe the form and manner in which an appeal must be made.

The NoR may contain such other information as the Charging Authority considers appropriate.

Appeals to the Adjudicator must be made within 28 days of service of a Notice of Rejection of Representations (NoR) or such longer period as the Adjudicator may allow. Reg 11 RUCA Regs covers the appeals process.

The appeal is made by delivering a Notice of Appeal to the proper officer in accordance with Sched (2) RUCA Regs. Paragraph 2 sets out what must be included in a Notice of Appeal.

The Adjudicator must consider the representations in question and any additional representations made by the appellant, as well as any representations made by the Charging Authority (Reg 11 (5) RUCA Regs).

If the Adjudicator considers that a ground under Reg 8 (3) RUCA Regs applies, they MUST allow the appeal and the proper officer must notify the appellant and the charging authority of the outcome (Reg 11 (6) RUCA Regs).

If an appeal is allowed, the Adjudicator MAY give such directions to the Charging Authority as the Adjudicator considers appropriate, which may include directions to cancel the PCN and refund any sums paid with respect to the penalty charge or the road user charge (Reg 11 (7) RUCA Regs).

The Charging Authority must comply with the Adjudicator’s direction as soon as reasonably practicable.

Recommendations:    

If the appeal is not allowed and the Adjudicator is satisfied that there are compelling reasons why the PCN should be cancelled, the Adjudicator MAY recommend that the PCN is cancelled (Reg 11 (9) RUCA Regs).

The Charging Authority has a duty to consider afresh the cancelling of the PCN, giving full consideration to the Adjudicator’s observations and make a decision within 35 days (Reg 11 (10) RUCA Regs).

If the Adjudicator’s recommendation is not accepted, the Charging Authority must give reasons.

If the Adjudicator’s recommendation is accepted, the Charging Authority must cancel the PCN and refund any sum paid as soon as reasonably practicable.

Note: If the 35-day time limit is not complied with, the Adjudicator’s recommendation is deemed to be accepted. There is no right of appeal against the Charging Authority’s decision not to accept the Adjudicator’s recommendation.

A charging scheme can provide that a Penalty Charge Notice (PCN) is to be imposed where:

(a) the motor vehicle has been used or kept on a designated road
(b) events have occurred by reference to the happening of which a road user charge is imposed by the charging scheme, and:
(c) the road user charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid

(Reg 4 (1) RUCA Regs)

Road user charges and penalty charges imposed upon a relevant vehicle by a charging scheme are to paid by the registered keeper of the vehicle (Reg 6 (1) RUCA Regs), unless:

the relevant vehicle is not registered, in which cases the road user charges and penalty charges are to be paid by the Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (2) RUCA Regs).

Relevant vehicle
A motor vehicle in respect of which road user charges or penalty charges are imposed by a charging scheme due to it having been used or kept on a designated road (Reg 6 (7) (a) RUCA Regs).

Relevant time
The time at which a relevant vehicle was used or kept on a designated road, so as to incur road user charges under a charging scheme (Reg 6 (7) (b) RUCA Regs).

before the relevant time, the registered keeper notified the Secretary of State of a change in ownership of the vehicle, in which case the road user charges and penalty charges are to paid by Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (3) RUCA Regs)

at the relevant time, the relevant vehicle was used or kept by a Person who was a vehicle trader and that vehicle trader was not the registered keeper, in which case road user charges and penalty charges are payable by that Person (Reg 6 (4) RUCA Regs)

at the relevant time, the registered keeper was a vehicle hire firm and the relevant vehicle was hired to any Person under a hiring agreement with the vehicle hire firm and the Charging Authority has been given:

a statement signed by or on behalf of the vehicle hire firm that the vehicle was hired to a named Person under a hiring agreement

a copy of the hire agreement, or at the discretion of the Charging Authority, relevant extracts, and:

a copy of a statement of liability signed by the hirer that they are liable for road user charges or penalty charges incurred while they are the hirer and giving the hirer’s residential or business or other address as one at which documents may be given to hirer

in which case, road user charges are to be paid by the hirer (Reg 6 (5) RUCA Regs).

Note: Amendments to Reg 6 were made by the RUCA Amendment Regs.

Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid (and in those circumstances the charging scheme provides for the payment of a penalty charge), the Charging Authority may serve a Penalty Charge Notice (PCN).

A PCN must be served on the registered keeper unless (in accordance with Reg 6 RUCA Regs) the penalty charge is payable by another Person, in which case the PCN must be served on that other Person (Reg 7 RUCA Regs).

A Clean Air Zone Penalty Charge Notice (PCN) must contain the information in Reg 7 (3) RUCA Regs:

The date of the notice, which must be the date on which it is posted or sent by electronic transmission.

The name of the Charging Authority.

The vehicle registration mark.

The date and time at which the Charging Authority claims that the motor vehicle was used or kept on the designated road in circumstances in which, by virtue of the charging scheme, a road user charge is payable in respect of the motor vehicle.

The grounds on which the Charging Authority believes a penalty is payable.

The amount of the penalty charge that is payable if the penalty charge is paid in full –

within 14 days of the day on which the PCN is served

after the expiry of such 14-day period, but within 28 days of the day on which the PCN is served

after the service of a Charge Certificate.

The manner in which the penalty charge must be paid and the address to which payment of the penalty charge must be sent.

That the recipient of the penalty charge is entitled to make representations to the Charging Authority against the imposition of the penalty charge on any of the grounds specified in Reg 8 (3) RUCA Regs.

The address (including as appropriate any email address, fax telephone number as well as a postal address) to which representations must be sent and the form in which they must be made.

That the Charging Authority may disregard any representations received by it more than 28 days after the PCN was served.

In general terms, the form and manner in which an appeal to an Adjudicator may be made.

Reg 8 RUCA Regs refers to how the recipient of a Clean Air Zone Penalty Charge Notice (PCN) may make representations to the Charging Authority in writing that:

one of the grounds in Reg 8 (3) Appeal Regs applies, and/or:

that there are compelling reasons why in the particular circumstances the PCN should be cancelled.

The Charging Authority may disregard representations it receives after the end of the period of 28 days beginning with date of service of PCN.

Regulation 8 (3) grounds:

(a) the recipient was never the registered keeper, or had ceased to be registered keeper, or became registered keeper after the date the vehicle incurred the road user charge

If the information is known by the recipient, the name and address of the buyer/seller must be provided;

(b) at the time the road user charge was incurred, the vehicle was in control of a Person who did not have the consent of the owner

Representations must include a statement of the crime reference number, police unique reference number, insurance claim reference or other evidence of the vehicle being stolen or taken without the Person’s authority, and:

If the information is known, the name and address of the Person using the vehicle without consent;

(c) the recipient was a vehicle hire firm and liability has been transferred to the hirer in accordance with Reg 6 (5) RUCA Regs

The name and address of the hirer must be provided;

(d) the road user charge was paid at the time and in the manner required;

(e) no road user charge is payable under the charging scheme;

(f) the penalty exceeded the amount applicable in the circumstances of the case;

(g) there has been a procedural impropriety on the part of the Charging Authority.

Reg 8 (4) RUCA Regs defines procedural impropriety as a failure by the Charging Authority to observe any requirement imposed on it by the:

TA 2000

RUCA Regs.

in relation to the imposition or recovery of a penalty charge or other sum.

A failure includes, in particular, the taking of any step, whether or not involving the service of any document, otherwise than in accordance with the conditions subject to which, or at the time or during the period, when it is authorised or required by the Regulations to be taken.

In the case where the Charging Authority is seeking to recover an unpaid penalty charge, the purported service of a Charge Certificate under Reg 17 RUCA Regs (a failure would apply if the certificate is served before the charging authority is authorised to serve it).

Reg 8 (9) RUCA Regs refers to the duty of a Charging Authority to consider representations.

The charging authority has a duty to consider the representations and any supporting evidence, and
– within the period of 56 days beginning with the date on which the representations are served on it – to serve on that Person notice of its decision of whether it accepts:

that one of the grounds in Reg 8 (3) RUCA Regs are established, or

that there are compelling reasons why in the circumstances of the case the PCN should be cancelled.

Failure to comply with the 56-day time limit means representations are deemed to be accepted and the Charging Authority must, as soon as is practicable, refund any sum paid with respect to the PCN and the road user charge.

Reg 9 RUCA Regs covers how a Charging Authority must respond if it accepts representations against the PCN. If it accepts representations, the Charging Authority must:

cancel the PCN

state in the notice served under Reg 8 (9) (b) RUCA Regs that the PCN has been cancelled

refund any sums paid in respect of the PCN and (if applicable) the road user charge.

The cancellation of the PCN is not to be taken as preventing the Charging Authority from serving another PCN on the same or any other Person.

Note: Amendments to Reg 9 (1) RUCA Regs were made by the RUCA Amendment Regs.

If the Charging Authority does not accept representations, the notice (Notice of Rejection of Representations [NoR]) of the decision (served under Reg 8 (9) (b) RUCA Regs) must state:

that a Charge Certificate may be served, unless before the end of 28 days beginning with the date of service of the NoR, the penalty is paid or an appeal lodged

indicate the nature of the Adjudicator’s power to award costs against a Person appealing

describe the form and manner in which an appeal must be made.

The NoR may contain such other information as the Charging Authority considers appropriate.

Appeals to the Adjudicator must be made within 28 days of service of a Notice of Rejection of Representations (NoR) or such longer period as the Adjudicator may allow. Reg 11 RUCA Regs covers the appeals process.

The appeal is made by delivering a Notice of Appeal to the proper officer in accordance with Sched (2) RUCA Regs. Paragraph 2 sets out what must be included in a Notice of Appeal.

The Adjudicator must consider the representations in question and any additional representations made by the appellant, as well as any representations made by the Charging Authority (Reg 11 (5) RUCA Regs).

If the Adjudicator considers that a ground under Reg 8 (3) RUCA Regs applies, they MUST allow the appeal and the proper officer must notify the appellant and the charging authority of the outcome (Reg 11 (6) RUCA Regs).

If an appeal is allowed, the Adjudicator MAY give such directions to the Charging Authority as the Adjudicator considers appropriate, which may include directions to cancel the PCN and refund any sums paid with respect to the penalty charge or the road user charge (Reg 11 (7) RUCA Regs).

The Charging Authority must comply with the Adjudicator’s direction as soon as reasonably practicable.

Recommendations:    

If the appeal is not allowed and the Adjudicator is satisfied that there are compelling reasons why the PCN should be cancelled, the Adjudicator MAY recommend that the PCN is cancelled (Reg 11 (9) RUCA Regs).

The Charging Authority has a duty to consider afresh the cancelling of the PCN, giving full consideration to the Adjudicator’s observations and make a decision within 35 days (Reg 11 (10) RUCA Regs).

If the Adjudicator’s recommendation is not accepted, the Charging Authority must give reasons.

If the Adjudicator’s recommendation is accepted, the Charging Authority must cancel the PCN and refund any sum paid as soon as reasonably practicable.

Note: If the 35-day time limit is not complied with, the Adjudicator’s recommendation is deemed to be accepted. There is no right of appeal against the Charging Authority’s decision not to accept the Adjudicator’s recommendation.

A charging scheme can provide that a Penalty Charge Notice (PCN) is to be imposed where:

(a) the motor vehicle has been used or kept on a designated road
(b) events have occurred by reference to the happening of which a road user charge is imposed by the charging scheme, and:
(c) the road user charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid

(Reg 4 (1) London RUCA Charging Regs)

Road user charges and penalty charges imposed upon a relevant vehicle by a charging scheme are to paid by the registered keeper of the vehicle (Reg 6 (1) London RUCA Charging Regs), unless:

the relevant vehicle is not registered, in which cases the road user charges and penalty charges are to be paid by the Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (2) London RUCA Charging Regs).

Relevant vehicle
A motor vehicle in respect of which road user charges or penalty charges are imposed by a charging scheme due to it having been used or kept on a designated road (Reg 6 (1) (a) London RUCA Charging Regs).

Relevant time
The time at which a relevant vehicle was used or kept on a designated road, so as to incur road user charges under a charging scheme (Reg 6 (1) (b) London RUCA Charging Regs).

at the relevant time, the relevant vehicle was used or kept by a Person who was a vehicle trader and that vehicle trader was not the registered keeper, in which case road user charges and penalty charges are payable by that Person (Reg 6 (4) London RUCA Charging Regs)

before the relevant time, the registered keeper notified the Secretary of State of a change in ownership of the vehicle, in which case the road user charges and penalty charges are to paid by Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (5) London RUCA Charging Regs)

at the relevant time, the registered keeper was a vehicle hire firm and the relevant vehicle was hired to any Person under a hiring agreement with the vehicle hire firm and the Charging Authority has been given:

a statement signed by or on behalf of the vehicle hire firm that the vehicle was hired to a named Person under a hiring agreement

a copy of the hire agreement, or at the discretion of the Charging Authority, relevant extracts, and:

a copy of a statement of liability signed by the hirer that they are liable for road user charges or penalty charges incurred while they are the hirer and giving the hirer’s residential or business or other address as one at which documents may be given to hirer

in which case, road user charges are to be paid by the hirer (Reg 6 (6) London RUCA Charging Regs).

Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid (and in those circumstances the charging scheme provides for the payment of a penalty charge), the Charging Authority may serve a Penalty Charge Notice (PCN).

A PCN must be served on the registered keeper unless (in accordance with Reg 6 London RUCA Charging Regs) the penalty charge is payable by another Person, in which case the PCN must be served on that other Person (Reg 12 London RUCA Enforcement Regs).

A ULEZ / LEZ Penalty Charge Notice (PCN) must contain the information in Reg 12 (3) London RUCA Enforcement Regs:

the amount of the penalty charge.

the date and time at which the Charging Authority claim that the vehicle was used or kept on a road in the charging area in circumstances in which, by virtue of the charging scheme, a charge was payable in respect of the vehicle.

the grounds on which the Charging Authority believe that the penalty charge is payable with respect to the vehicle.

that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice.

if the charging scheme provides for the penalty charge to be reduced if it is paid by a specified time, the amount of the reduced charge and the last date for receipt of payment at the reduced level.

the address to which payment of the penalty charge must be sent.

that the person on whom the notice is served may be entitled to make representations under Reg 13 London RUCA Enforcement Regs, and

the effect of Reg 16 London RUCA Enforcement Regs (concerning adjudication of appeals).

Reg 13 London RUCA Enforcement Regs refers to how the recipient of a ULEZ / LEZ Penalty Charge Notice (PCN) may make representations to the Charging Authority in writing that:

one of the grounds in Reg 13 (3) London RUCA Enforcement Regs applies, and/or:

that there are compelling reasons why in the particular circumstances the PCN should be cancelled.

The Charging Authority may disregard representations it receives after the end of the period of 28 days beginning with date of service of PCN.

Regulation 13 (3) grounds:

(a) the recipient was never the registered keeper, or had ceased to be registered keeper, or became registered keeper after the date the vehicle incurred the road user charge

If the information is known by the recipient, the name and address of the buyer/seller must be provided;

(b) the road user charge was paid at the time and in the manner required;
(c) no road user charge is payable under the charging scheme;
(d) at the time the road user charge was incurred, the vehicle was in control of a Person who did not have the consent of the registered keeper

Representations must include a statement of the crime reference number, police unique reference number, insurance claim reference or other evidence of the vehicle being stolen or taken without the Person’s authority, and:

If the information is known, the name and address of the Person using the vehicle without consent;

(e) the penalty exceeded the amount applicable in the circumstances of the case;
(f) the recipient was a vehicle hire firm and liability has been transferred to the hirer in accordance with Reg 6 (6) London RUCA Charging Regs

The name and address of the hirer must be provided.

Reg 13 (6) London RUCA Enforcement Regs refers to the duty of a Charging Authority to consider representations.

The Charging Authority has a duty to consider the representations and any supporting evidence to serve on the Person notice of its decision of whether it accepts that one of the grounds in Reg 13 (3) London RUCA Enforcement Regs are established.

Reg 14 London RUCA Enforcement Regs covers how a Charging Authority must respond if it accepts representations against the PCN. If it accepts representations, the Charging Authority must:

cancel the PCN

state in the notice served under Reg 13 (6) London RUCA Enforcement Regs that the PCN has been cancelled

The cancellation of the PCN is not to be taken as preventing the Charging Authority from serving another PCN on the same or any other Person.

Reg 15 London RUCA Enforcement Regs covers the issuing of a Notice of Rejection of Representations (NoR), should the Charging Authority not accept representations.

The NoR (served under Reg 13 (6) London RUCA Enforcement Regs) must state:

that a Charge Certificate may be served, unless before the end of 28 days beginning with the date of service of the NoR, the penalty is paid or an appeal lodged

indicate the nature of the Adjudicator’s power to award costs against a Person appealing

describe the form and manner in which an appeal must be made.

The NoR may contain such other information as the Charging Authority considers appropriate.

Appeals to the Adjudicator must be made within 28 days of service of a Notice of Rejection of Representations (NoR) or such longer period as the Adjudicator may allow.

Reg 16 London RUCA Enforcement Regs and Sched Part II London RUCA Enforcement Regs cover the appeals process.

A charging scheme can provide that a Penalty Charge Notice (PCN) is to be imposed where:

(a) the motor vehicle has been used or kept on a designated road
(b) events have occurred by reference to the happening of which a road user charge is imposed by the charging scheme, and:
(c) the road user charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid

(Reg 4 (1) London RUCA Charging Regs)

Road user charges and penalty charges imposed upon a relevant vehicle by a charging scheme are to paid by the registered keeper of the vehicle (Reg 6 (1) London RUCA Charging Regs), unless:

the relevant vehicle is not registered, in which cases the road user charges and penalty charges are to be paid by the Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (2) London RUCA Charging Regs).

Relevant vehicle
A motor vehicle in respect of which road user charges or penalty charges are imposed by a charging scheme due to it having been used or kept on a designated road (Reg 6 (1) (a) London RUCA Charging Regs).

Relevant time
The time at which a relevant vehicle was used or kept on a designated road, so as to incur road user charges under a charging scheme (Reg 6 (1) (b) London RUCA Charging Regs).

at the relevant time, the relevant vehicle was used or kept by a Person who was a vehicle trader and that vehicle trader was not the registered keeper, in which case road user charges and penalty charges are payable by that Person (Reg 6 (4) London RUCA Charging Regs)

before the relevant time, the registered keeper notified the Secretary of State of a change in ownership of the vehicle, in which case the road user charges and penalty charges are to paid by Person by whom the relevant vehicle was used or kept on the designated road at the relevant time (Reg 6 (5) London RUCA Charging Regs)

at the relevant time, the registered keeper was a vehicle hire firm and the relevant vehicle was hired to any Person under a hiring agreement with the vehicle hire firm and the Charging Authority has been given:

a statement signed by or on behalf of the vehicle hire firm that the vehicle was hired to a named Person under a hiring agreement

a copy of the hire agreement, or at the discretion of the Charging Authority, relevant extracts, and:

a copy of a statement of liability signed by the hirer that they are liable for road user charges or penalty charges incurred while they are the hirer and giving the hirer’s residential or business or other address as one at which documents may be given to hirer

in which case, road user charges are to be paid by the hirer (Reg 6 (6) London RUCA Charging Regs).

Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid (and in those circumstances the charging scheme provides for the payment of a penalty charge), the Charging Authority may serve a Penalty Charge Notice (PCN).

A PCN must be served on the registered keeper unless (in accordance with Reg 6 London RUCA Charging Regs) the penalty charge is payable by another Person, in which case the PCN must be served on that other Person (Reg 12 London RUCA Enforcement Regs).

A London Congestion Charge Penalty Charge Notice (PCN) must contain the information in Reg 12 (3) London RUCA Enforcement Regs:

the amount of the penalty charge.

the date and time at which the Charging Authority claim that the vehicle was used or kept on a road in the charging area in circumstances in which, by virtue of the charging scheme, a charge was payable in respect of the vehicle.

the grounds on which the Charging Authority believe that the penalty charge is payable with respect to the vehicle.

that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice.

if the charging scheme provides for the penalty charge to be reduced if it is paid by a specified time, the amount of the reduced charge and the last date for receipt of payment at the reduced level.

the address to which payment of the penalty charge must be sent.

that the person on whom the notice is served may be entitled to make representations under Reg 13 London RUCA Enforcement Regs, and

the effect of Reg 16 London RUCA Enforcement Regs (concerning adjudication of appeals).

Reg 13 London RUCA Enforcement Regs refers to how the recipient of a ULEZ / LEZ Penalty Charge Notice (PCN) may make representations to the Charging Authority in writing that:

one of the grounds in Reg 13 (3) London RUCA Enforcement Regs applies, and/or:

that there are compelling reasons why in the particular circumstances the PCN should be cancelled.

The Charging Authority may disregard representations it receives after the end of the period of 28 days beginning with date of service of PCN.

Regulation 13 (3) grounds:

(a) the recipient was never the registered keeper, or had ceased to be registered keeper, or became registered keeper after the date the vehicle incurred the road user charge

If the information is known by the recipient, the name and address of the buyer/seller must be provided;

(b) the road user charge was paid at the time and in the manner required;
(c) no road user charge is payable under the charging scheme;
(d) at the time the road user charge was incurred, the vehicle was in control of a Person who did not have the consent of the registered keeper

Representations must include a statement of the crime reference number, police unique reference number, insurance claim reference or other evidence of the vehicle being stolen or taken without the Person’s authority, and:

If the information is known, the name and address of the Person using the vehicle without consent;

(e) the penalty exceeded the amount applicable in the circumstances of the case;
(f) the recipient was a vehicle hire firm and liability has been transferred to the hirer in accordance with Reg 6 (6) London RUCA Charging Regs

The name and address of the hirer must be provided.

Reg 13 (6) London RUCA Enforcement Regs refers to the duty of a Charging Authority to consider representations.

The Charging Authority has a duty to consider the representations and any supporting evidence to serve on the Person notice of its decision of whether it accepts that one of the grounds in Reg 13 (3) London RUCA Enforcement Regs are established.

Reg 14 London RUCA Enforcement Regs covers how a Charging Authority must respond if it accepts representations against the PCN. If it accepts representations, the Charging Authority must:

cancel the PCN

state in the notice served under Reg 13 (6) London RUCA Enforcement Regs that the PCN has been cancelled

The cancellation of the PCN is not to be taken as preventing the Charging Authority from serving another PCN on the same or any other Person.

Reg 15 London RUCA Enforcement Regs covers the issuing of a Notice of Rejection of Representations (NoR), should the Charging Authority not accept representations.

The NoR (served under Reg 13 (6) London RUCA Enforcement Regs) must state:

that a Charge Certificate may be served, unless before the end of 28 days beginning with the date of service of the NoR, the penalty is paid or an appeal lodged

indicate the nature of the Adjudicator’s power to award costs against a Person appealing

describe the form and manner in which an appeal must be made.

The NoR may contain such other information as the Charging Authority considers appropriate.

Appeals to the Adjudicator must be made within 28 days of service of a Notice of Rejection of Representations (NoR) or such longer period as the Adjudicator may allow.

Reg 16 London RUCA Enforcement Regs and Sched Part II London RUCA Enforcement Regs cover the appeals process.

If a Reg 9 Penalty Charge Notice (PCN) has been issued and the vehicle remains in the place where it was found, an immobilisation device may be fixed and, if a device is fixed, then an immobilisation notice must be fixed to the vehicle (Reg 12 General Regs Wales).

Contents of an immobilisation notice

An immobilisation notice must:

indicate that a device has been fixed to vehicle

warn that no one should attempt to drive or move the vehicle until the device is removed

specify steps to be taken to secure removal

warn that it is an offence to unlawfully remove the device

(Reg 12 (2) General Regs Wales)

Reg 13 General Regs Wales covers limitations on powers to immobilise vehicles.

An immobilisation device cannot be fixed to a vehicle if is displaying a disabled badge or a current recognised badge (Reg 13 (1) General Regs Wales).

An immobilisation device cannot be fixed to a vehicle for a contravention consisting of or arising from a failure to:

pay a parking charge

properly to display a ticket or parking device

remove the vehicle from a parking place at the end of the period for which the appropriate charge was paid

until 15 minutes has elapsed since the Reg 9 Penalty Charge Notice (PCN) was given.

(Reg 13 (4) General Regs Wales)

A vehicle to which an immobilisation device has been fixed must be released on payment in the manner specified in the notice of the penalty charge payable in respect of the contravention, and such charge in respect of the release fee as is required by the Enforcement Authority (Reg 14 General Regs Wales).

Reg 8 Appeal Regs Wales refers to formal representations against an immobilisation device.

It applies if an immobilisation device has been fixed in accordance with Reg 12 General Regs and the owner or Person has secured the release of the device by payment in accordance with Reg 14 General Regs.

How an Enforcement Authority must notify the relevant person

The Person must immediately on the release of the vehicle be informed:

of their right to make representations, including the effect of Reg 3 (5) and Reg 3 (6) Appeal Regs Wales

of the right to appeal to an Adjudicator if the Enforcement Authority does not accept the representations

(Reg 8 (2) Appeal Regs Wales)

The Enforcement Authority must give the notice or cause the notice under Reg 8 (2) to be given in writing (Reg 8 (3) Appeal Regs Wales).

What representations should include

The Person may make representations to the Enforcement Authority to the effect

that one or more of the grounds specified in Reg 8 (5) Appeal Regs Wales applies (see below), or:

that whether or not any of those grounds apply, that there are compelling reasons why the Enforcement Authority should refund some or all of the amount paid to secure the release of the vehicle (Reg 8 (4)).

Regulation 8 (5) grounds

(a) no penalty charge is payable in accordance with Reg 4 Gen Regs Wales;

(b) the vehicle had been permitted to remain at rest in circumstances when it was in control of someone without the consent of the owner;

(c) the place where the vehicle remained at rest is not a civil enforcement area;

(d) there is no power to immobilise in accordance with Reg 13 Gen Regs Wales;

(e) the penalty charge or amount paid to secure release of the vehicle exceeded the applicable amount;

(f) there has been a procedural impropriety on the part of the Enforcement Authority.

Representations under this regulation must be made in the form specified by the Enforcement Authority acting through the joint committee (Reg 8 (6) Appeal Regs Wales).

Reg 9 Appeal Regs Wales refers to the duty of an Enforcement Authority to consider representations made under Reg 8 Appeal Regs Wales.

The Enforcement Authority may disregard representations received after the end of the period of 28 days beginning with the date on which the Person making them is informed of their right to make representations in accordance with Reg 8 (2) Appeal Regs Wales.

If representations are made in accordance with Reg 8 (4) Appeal Regs Wales, the Enforcement Authority must within a period of 56 days beginning with the date on which the representations are received:

consider the representations made and any supporting evidence, and:

serve a decision notice to state whether they accept the representations, that there is a specific ground of appeal, or that there are compelling reasons.

(Reg 9 (2) Appeal Regs Wales)

If the Enforcement Authority accepts that a ground under Reg 8 (5) Appeal Regs Wales applies, then it must when serving the decision notice refund any sums that the Person to whom the vehicle was released was required to pay under Reg 14 General Regs Wales.(Reg 9 (3) Appeal Regs Wales).

If the Enforcement Authority accepts that there are compelling reasons, it must refund the sums paid to secure the release of the vehicle, or such of the sums that the Enforcement Authority considers appropriate (Reg 9 (4) Appeal Regs Wales).

If the Enforcement Authority does not comply with the 56-day time limit, the representations are deemed to be accepted and the authority must refund any sums that the Person to whom the vehicle was released was required to pay (Reg 9 (8) Appeal Regs Wales).

Where a notice is served in accordance with Reg 9 (2) Appeal Regs Wales, the notice of the decision must:

inform the relevant person of their right to appeal to and Adjudicator

indicate the nature of the Adjudicators power to award costs

describe the form and manner in which an appeal must be made.

Reg 10 Appeal Regs Wales concerns appeals to an Adjudicator against the Enforcement Authority’s decision to reject representations.

Appeals to the Adjudicator must be made within 28 days of service of a Notice of Rejection of Representations (NoR), or such longer period as the Adjudicator may allow.

The Adjudicator must consider:

representations made under Reg 8 Appeal Regs Wales and any additional representations, as well as any representations made to the Adjudicator by the Enforcement Authority.

If the Adjudicator considers that a ground under Reg 8 (5) Appeal Regs Wales applies and the Enforcement Authority would have been under a duty imposed by Reg 9 (3) Appeal Regs Wales to refund any sums if it had accepted such a ground applied, the Adjudicator must direct the Enforcement Authority to refund the relevant sums (Reg 10 (3) Appeal Regs Wales).

The Enforcement Authority must comply with the direction immediately.

Recommendations:    

If the Adjudicator does not give a direction under Reg 10 (3) Appeal Regs Wales but is satisfied that there are compelling reasons why in the particular circumstances of the case some or all of the sums paid to secure the release of the vehicle should be refunded, they may recommend that the Enforcement Authority make such a refund (Reg 10 (5) Appeal Regs Wales).

The Enforcement Authority must consider afresh the making of a refund of those sums, giving full consideration to the Adjudicator’s observations, and make a decision within 35 days (Reg 10 (6) Appeal Regs Wales).

If the recommendation is not accepted, the Enforcement Authority must give reasons.

If the recommendation is accepted, the Enforcement Authority must make the refund within 35 days.

Note: If the 35-day time limit is not complied with, the recommendation is deemed to have been accepted (Reg 10 (10) Appeal Regs Wales).

Primary Legislation: The Road Traffic Regulation Act 1984 – Section 99 (‘RTRA 1984’)

Regulations:
– The Removal and Disposal of Vehicles Regulations 1986 (the ‘1986 Regs’)

amended by:

– The Removal and Disposal of Vehicles ( Amendment) (Wales) Regulations 2008 (the ‘2008 Removal Regs Wales’)

– The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales)  Regulations 2013 (the ‘General Regs Wales’)
– The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 (the ‘Appeal Regs Wales’)

Where a vehicle has been permitted to remain at rest on a road in a civil enforcement area and a Regulation 9 Penalty Charge Notice (PCN) has been issued, a civil enforcement officer may remove a vehicle (Reg 5C 2008 Removal Regs Wales).

The vehicle can be moved to:

another position on the road in which it was found

another road

to a place which is not a road.

Reg 5C (3) 2008 Removal Regs Wales covers limitations on powers to remove vehicles.

A vehicle cannot be removed when a Reg 9 Penalty Charge Notice (PCN) has been issued for a contravention consisting of, or arising out of, a failure to:

pay a parking charge

properly display a ticket or parking device

remove the vehicle from a parking place at the end of the period for which the appropriate charge was paid

until the appropriate period has elapsed since the PCN was given.

Appropriate period
30 minutes, unless there are three outstanding PCNs, in which case it is 15 minutes.

Reg 3 2013 Removal Regs Wales applies if a vehicle is removed from a civil enforcement area pursuant to Sec 99 RTRA 1984 and when a Person has been required to pay a sum of money for the recovery of the vehicle under Sec 101A (1) RTRA 1984.

How an Enforcement Authority must notify the Person

Immediately on making the payment to recover the vehicle, the Person must be notified in writing:

of their right to make representations to the Enforcement Authority

of the right to appeal to an Adjudicator if the Enforcement Authority does not accept the representations

a statement to the effect of Reg 3 (4) and Reg 3 (5) 2013 Removal Regs Wales.

What representations should include

The Person may make representations to the Enforcement Authority to either of both of the following effects:

that one or more of the grounds in Reg 3 (5) 2013 Removal Regs Wales applies (see below), and/or:

whether or not any of those grounds apply, that there are compelling reasons why the Enforcement Authority should refund some or all of the amount paid to secure the release of the vehicle.

The representations must be in such form as specified by the Enforcement Authority.

(Reg 3 (4) 2013 Removal Regs Wales)

Regulation 3 (5) grounds

(a) no penalty charge is payable in accordance with Reg 4 Gen Regs Wales;

(b) no Penalty Charge Notice (PCN) had been issued to the vehicle or handed to the Person appearing to the Civil Enforcement Officer to be in charge of the vehicle before the vehicle was removed;

(c) no power to remove in accordance with Reg 5C 2008 Removal Regs Wales;

(d) the vehicle had been permitted to remain at rest by a Person who was in control of the vehicle without the consent of the owner.;

(e) the place where vehicle remained at rest not a civil enforcement area;

(f) the penalty charge or amount paid to secure release of vehicle exceeded the applicable amount;

(g) there has been a procedural impropriety on the part of the Enforcement Authority.
Representations under this regulation must be made in the form specified by the Enforcement Authority acting through the joint committee (Reg 3 (6) 2013 Removal Regs Wales).

Reg 4 2013 Removal Regs Wales refers to the duty of an Enforcement Authority to consider representations made under Reg 3 2013 Removal Regs Wales.

The Enforcement Authority may disregard representations received after the end of the period of 28 days beginning with the date on which the Person making them is informed of their right to make representations in accordance with Reg 3 (2) 2013 Removal Regs Wales.

If representations are made in accordance with Reg 3 (4) Removal Regs Wales – in the correct form and relying on a specific ground or compelling mitigation – and they are not disregarded because they are out of time, the Enforcement Authority must within a period of 56 days beginning with the date on which the representations are received:

consider the representations made and any supporting evidence provided, and:

serve a decision notice to state whether or not they accept the representations that there is a specific ground of appeal, or that there are compelling reasons.

If the Enforcement Authority accepts that a ground under Reg 3 (5) 2013 Removal Regs Wales applies, then it must – when serving the decision notice:

refund any sums the Person paid to secure the release of the vehicle under Sec 101A (1) RTRA 1984, and:

inform the Person that they have waived the right to recover any sum which might otherwise have been due to it by way of a penalty charge or on account of the removal storage or disposal of the vehicle

(Reg 4 (3) 2013 Removal Regs Wales).

If the Enforcement Authority accepts that there are compelling reasons, it must – when serving the notice:

refund such sums as it considers appropriate in the circumstances of the case, and:

inform the Person that they have waived the right to recover any sum which might otherwise have been due to them by way of a penalty charge or on account of the removal storage or disposal of the vehicle.

(Reg 4 (4) 2013 Removal Regs Wales)

Reg 5 2013 Removal Regs Wales concerns appeals to an Adjudicator against the Enforcement Authority’s decision to reject representations.

Appeals to the Adjudicator must be made within 28 days of service of a Notice of Rejection of Representations (NoR), or such longer period as the Adjudicator may allow.

The Adjudicator must consider:

the representations in question, and:

any additional representations.

If the Adjudicator considers that a ground under Reg 3 (5) 2013 Removal Regs Wales applies and the Enforcement Authority would have been under a duty imposed by Reg 4 (3) 2013 Removal Regs Wales to refund any sums if it had accepted such a ground applied, the Adjudicator must direct the Enforcement Authority to refund the relevant sums

(Reg 5 (3) 2013 Removal Regs Wales).

The Enforcement Authority must comply with the direction immediately.

Recommendations:    

If the Adjudicator does not give a direction under Reg 5 (3) 2013 Removal Regs Wales but is satisfied that there are compelling reasons why in the particular circumstances of the case some or all of the sums paid to secure the release of the vehicle should be refunded, they may recommend that the Enforcement Authority make such a refund (Reg 5 (5) 2013 Removal Regs Wales).

It is the duty of the Enforcement Authority to consider afresh the making of a refund of those sums – giving full account of the Adjudicator’s observations – and make a decision within 35 days, beginning with the date on which the direction is given (Reg 5 (6) 2013 Removal Regs Wales).

If the recommendation is not accepted, the Enforcement Authority must give reasons.

If the recommendation is accepted, the Enforcement Authority must cancel the enforcement notice and refund any monies paid within 35 days.

Note: If the 35-day time limit is not complied with, the recommendation is deemed to have been accepted (Reg 5 (10) 2013 Removal Regs Wales).