Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regs 2022

Provision 1· legislation, statutory-instrument, representations

2022 No. 576 Road Traffic, England The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 Made 23rd May 2022 Coming into force in accordance with regulation 1(2) The Lord Chancellor makes these Regulations in exercise of the powers conferred by section 101B of the Road Traffic Regulation Act 1984 (“the RTRA 1984”) and by sections 80 and 89(1) and (3) of the Traffic Management Act 2004 (“the TMA 2004”). In accordance with section 134(5) of the RTRA 1984 and section 89(5) of the TMA 2004, a draft of these Regulations has been laid before, and approved by, a resolution of each House of Parliament. PART 1 Preliminary Citation, commencement, extent and application 1 1 These Regulations may be cited as the Civil Enforcement of Road [...]

Provision 2· legislation, statutory-instrument, representations

tion 2 of the 2022 General Regulations; “ enforcement notice ” means— a notice to owner, or a regulation 10 penalty charge notice; “ fax ” means the making of a facsimile copy of a document by the transmission of electronic signals; “ joint committee ”, in relation to an enforcement authority, means the joint committee through which, in accordance with regulation 18 or 19 of the 2022 General Regulations, the authority exercises its functions relating to adjudicators; “ notice to owner ” has the meaning given in regulation 20 of the 2022 General Regulations; “ owner ” in relation to a vehicle, includes any person who, by virtue of regulation 6 of the 2022 General Regulations, is treated as the owner of the vehicle for the purposes of those Regulations; “ penalty charge ” has the mea [...]

Provision 3· legislation, statutory-instrument, representations

impropriety ” means a failure by an enforcement authority to observe any requirement imposed on it by— a the TMA 2004, b the 2022 General Regulations, or c these Regulations, in relation to the imposition or recovery of a penalty charge or other sum. 3 For the purposes of paragraph (2) such a failure includes, in particular, the taking of any step, whether or not involving the service of any document, otherwise than— a in accordance with the conditions subject to which, or b at the time or during the period when, it is authorised or required by the 2022 General Regulations or these Regulations to be taken. PART 2 Information, representations and appeals in relation to penalty charge notices or enforcement notices CHAPTER 1 Information to be included in regulation 9 penalty [...]

Provision 4· legislation, statutory-instrument, representations

ice to owner. 2 An enforcement notice must include the following information— a that— i the recipient may make representations against the penalty charge in accordance with regulation 5 of these Regulations, but ii any such representations made outside the period of 28 days beginning with the date on which the notice is served (“ the payment period ”) may be disregarded; b the nature of the representations which may be made under regulation 5 ; c the form in which representations must be made; d the address to which representations must be sent, including, as appropriate— i an email address, ii a FAX telephone number, iii the address of any website where representations may be submitted online (and the place on that website where the relevant facility may be accessed), [...]

Provision 5· legislation, statutory-instrument, representations

of charge, with such still images from that record as, in the authority’s opinion, establish the alleged relevant road traffic contravention. 4 The enforcement authority must comply with any request under paragraph (3) within a reasonable time. CHAPTER 2 Enforcement notices: representations and appeals Application of Chapter 2 4 This Chapter applies where a person— a is served with a notice to owner, or b is served with a regulation 10 penalty charge notice and the penalty charge to which it relates has not been paid. Representations against the enforcement notice 5 1 The recipient may make representations against the enforcement notice to the enforcement authority which served it on the recipient. 2 The representations must be— a made in the form determined by the enforce [...]

Provision 6· legislation, statutory-instrument, representations

he consent of the owner; d the recipient is a vehicle-hire firm and— i the vehicle in question was at the material time hired from that firm under a hiring agreement, and ii the person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice served in respect of any relevant road traffic contravention involving the vehicle during the currency of the hiring agreement; e the penalty charge exceeded the amount applicable in the circumstances of the case; f there has been a procedural impropriety on the part of the enforcement authority; g the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid; [...]

Provision 7· legislation, statutory-instrument, representations

ntations must, if the information is known by the recipient, state the name and address of the person from whom the recipient acquired the vehicle. 7 Where a recipient relies on the ground specified in paragraph (4)(d), their representations must state the name and address of the person to whom the vehicle was hired at the material time. 8 In this regulation— “ alleged contravention ” means the alleged relevant road traffic contravention in relation to which an enforcement notice is served; “ hiring agreement ” and “ vehicle-hire firm ” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988 ; “ the material time ” means the time when the alleged contravention is said to have been committed. Duties of an enforcement authority to which representations are made [...]

Provision 8· legislation, statutory-instrument, representations

tations made by the recipient. 5 If the enforcement authority accepts the representations— a it must cancel the relevant enforcement notice, b its decision notice must state that the enforcement notice has been cancelled, and c when it serves the decision notice, it must refund any sum paid in relation to the relevant enforcement notice. 6 If the enforcement authority does not accept the representations, its decision notice— a must— i state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice— aa the penalty charge is paid, or bb the recipient appeals to an adjudicator against the penalty charge, ii indicate the nature of an adjudicator’s power to award costs, and iii descr [...]

Provision 9· legislation, statutory-instrument, representations

reject a recipient’s representations 7 1 A recipient may appeal to an adjudicator against an enforcement authority’s decision not to accept their representations. 2 An appeal under this regulation must be made within— a the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or b such longer period as the adjudicator may allow. 3 Parts 1 to 3 of Schedule 1 make further provision in connection with appeals (including procedural matters). 4 On an appeal under this regulation, the adjudicator must consider— a the representations made under regulation 5 , b any additional representations which are made by the appellant to an effect in reg [...]

Provision 10· legislation, statutory-instrument, representations

particular circumstances of the case, the enforcement notice should be cancelled, the adjudicator may recommend to the enforcement authority that it cancel the enforcement notice. 9 An enforcement authority to which a recommendation is made under paragraph (8) must— a consider afresh the cancellation of the enforcement notice taking full account of any observations by the adjudicator, and b within the period of thirty-five days beginning with the date on which the recommendation is given (“the 35-day period”), notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation. 10 If the enforcement authority does not accept the adjudicator’s recommendation, the notification under paragraph (9)(b) must include the reasons for that decision. 1 [...]

Provision 11· legislation, statutory-instrument, representations

t area, and b a relevant person secures its release from the device on payment of an amount in accordance with regulation 15 of those Regulations. 2 For the purposes of this regulation, a relevant person is— a the owner of the vehicle to which the immobilisation device was fixed, or b the person in charge of that vehicle. 3 The relevant person must be notified by the enforcement authority, or a person acting on behalf of the enforcement authority— a of their right to make representations to the enforcement authority in accordance with this regulation, including the effect of paragraphs (5) and (6), b that any representations made outside the period of 28 days beginning with the date on which the person is so notified may be disregarded, c of the form in which representation [...]

Provision 12· legislation, statutory-instrument, representations

n paragraph (5)(a) are— a the circumstances in which the vehicle had been permitted to remain at rest in the civil enforcement area were not circumstances in which a penalty charge was payable under regulation 5 of the 2022 General Regulations; b the vehicle had been permitted to remain at rest in the place where it was by a person who was in control of the vehicle without the consent of the owner; c the place where the vehicle was at rest was not in a civil enforcement area; d in accordance with regulation 14 of the 2022 General Regulations, there was in the circumstances of the case no power under those Regulations to immobilise the vehicle at the time at which it was immobilised or at all; e the penalty charge or other charge paid to secure the release of the vehicle exceeded [...]

Provision 13· legislation, statutory-instrument, representations

ty under paragraph (2), the authority must, within the period of 56 days beginning with the date on which the enforcement authority receives the representations (“the 56-day period”), comply with the requirement specified in paragraph (4). 4 The requirements mentioned in paragraph (3) are that the enforcement authority must— a consider the representations and any supporting evidence which R provides, and b serve on R a notice of its decision (a “decision notice”) as to whether or not it accepts that— i there are compelling reasons of the kind mentioned in regulation 8(5)(b) , or ii any of the grounds specified in regulation 8(6) apply. 5 If the enforcement authority accepts that any of the grounds specified in regulation 8(6) apply, it must, when serving its decision notice, r [...]

Provision 14· legislation, statutory-instrument, representations

he right to appeal to an adjudicator under regulation 10 , b indicate the nature of an adjudicator’s power to award costs, and c describe the form and manner in which such an appeal is required to be made. 9 If an enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period, it— a is to be deemed to have accepted the representations and to have served a decision notice to that effect, and b must refund any sums that the person to whom the vehicle was released was required to pay under regulation 15 of the 2022 General Regulations. 10 Paragraphs (6), (8) and (9) do not require an enforcement authority to refund any sum to the extent (if any) to which it was properly paid. Appeal to an adjudicator against enforcement authority’s [...]

Provision 15· legislation, statutory-instrument, representations

ator concludes that— a any of the grounds specified in regulation 8(6) apply, and b the enforcement authority would have been under the duty imposed by regulation 9(5) to refund any sums if it had accepted that the ground in question applied, the adjudicator must direct the authority to refund the relevant sums. 6 An enforcement authority which is given a direction under paragraph (5) must comply with it immediately. 7 If the adjudicator— a does not give a direction under paragraph (5), but b 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, the adjudicator may recommend that the enforcement authority make such a refund. 8 An enforcement autho [...]

Provision 16· legislation, statutory-instrument, representations

ve accepted the adjudicator’s recommendation, and b must make the recommended refund. PART 4 Representations and appeals in relation to removed vehicles Representations about a removed vehicle 11 1 This regulation applies where, in relation to a vehicle found in a civil enforcement area for parking contraventions and removed under regulations made under section 99 of the RTRA 1984 , a person (“ P ”)— a is required to pay an amount on recovery of the vehicle under section 101A(1) of that Act , b receives a sum in respect of the vehicle under section 101A(2) of that Act, c is informed that the proceeds of sale of the vehicle did not exceed the amount of the relevant charges , or d is informed that the vehicle was disposed of without there being any proceeds of sale. 2 P must, [...]

Provision 17· legislation, statutory-instrument, representations

t— a one or more of the grounds specified in paragraph (4) apply, or b whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should— i refund some or all of the amount that was paid to secure the release of the vehicle, ii refund some or all of the amount that was deducted from the proceeds of sale of the vehicle in respect of the relevant charges, or iii waive its right to recover all or any of the sums due to it on account of the removal or disposal of the vehicle. 4 The grounds mentioned in paragraph (3)(a) are that— a the circumstances in which the vehicle had been permitted to remain at rest in a civil enforcement area for parking contraventions were not circumstances in which a [...]

Provision 18· legislation, statutory-instrument, representations

in the circumstances of the case; g that there has been a procedural impropriety on the part of the enforcement authority. 5 Representations under this regulation must be made in such form as may be specified by the enforcement authority. 6 In determining the form for making representations, the enforcement authority must act through the joint committee. Duties of an enforcement authority to which representations are made under regulation 11 12 1 This regulation applies where an enforcement authority receives representations under regulation 11 . 2 The enforcement authority may disregard any representations which it receives after the end of the period of 28 days beginning with the date on which the person making them (“ R ”) is notified under regulation 11(2) of their right to [...]

Provision 19· legislation, statutory-instrument, representations

ease of the vehicle under section 101A(1) of the RTRA 1984, or ii deducted from the proceeds of sale of the vehicle in respect of the relevant charges in accordance with section 101A(2) of that Act, and b inform R that it has 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. 6 Paragraph (7) applies where the enforcement authority— a accepts that there are compelling reasons of a kind mentioned in regulation 11(3)(b) , but b if the representations include any of the grounds specified in regulation 11(4) , it does not accept that any of the stated grounds apply. 7 Where this paragraph applies, the enforcement authority must, when serving its decision notice— a [...]

Provision 20· legislation, statutory-instrument, representations

r deducted. 10 An authority which has waived its right to recover a sum loses its right to do so. 11 Where an authority does not accept that there are any compelling reasons of a kind mentioned in regulation 11(3)(b) , or that any of the grounds specified in regulation 11(4) apply, its decision notice must— a inform R of R’s right to appeal to an adjudicator under regulation 13 , b indicate the nature of an adjudicator’s power to award costs, and c describe in general terms the form and manner in which such an appeal is required to be made. 12 Where an enforcement authority fails to comply with the requirements in paragraph (4) before the end of the 56-day period, the authority— a is to be deemed to have accepted the representations and served a decision notice to that effect [...]

Provision 21· legislation, statutory-instrument, representations

rocedural matters). 4 On an appeal under this regulation, the adjudicator must consider— a the representations made by the appellant under regulation 11(3) , and b any additional representations that are made by the appellant. 5 If the adjudicator concludes that— a any of the grounds specified in regulation 11(4) apply, and b the enforcement authority would have been under the duty imposed by regulation 12(5) to refund any sum if it had served a notice that it accepted that the ground in question applied, the adjudicator must direct the authority to refund that sum. 6 An enforcement authority which is given a direction under paragraph (5)— a must comply with the direction immediately, and b ceases to have any right to recover any sum which might otherwise have been due t [...]

Provision 22· legislation, statutory-instrument, representations

rcement authority does not accept the recommendation, the notification under paragraph (8)(b) must include the reasons for that decision. 10 No appeal to the adjudicator lies against the decision of the enforcement authority not to accept the adjudicator’s recommendation. 11 If the enforcement authority accepts the adjudicator’s recommendation it must make the recommended refund within the 35-day period. 12 If the enforcement authority fails to comply with the requirements of paragraph (8) within the 35-day period, the authority— a is to be deemed have accepted the adjudicator’s recommendation, and b must make the recommended refund. PART 5 Miscellaneous provisions Proceedings in connection with invalid notices 14 Part 4 of Schedule 1 contains provision for, and in connection [...]

Provision 23· legislation, statutory-instrument, representations

dicators. 3 The register may be kept in electronic form. 4 If the register is kept in electronic form, the duty to allow inspection is to be treated as a duty to allow inspection of a reproduction in legible form of the recording of the entry the inspection of which is being sought. 5 A document purporting to be certified by the proper officer to be a true copy of any entry of a decision in a register is to be evidence of the entry and of the matters contained in it. False representations 18 1 A person who— a makes any representation under Part 2 or 3, or any provision of Schedule 1 so far as it relates to an appeal under regulation 7(1) or 10(1), that is false in a material particular, and b does so recklessly or knowing it to be false, commits an offence. 2 A person who i [...]

Provision 24· legislation, statutory-instrument, representations

eral Regulations ” means the Civil Enforcement of Parking Contraventions (England) General Regulations 2007, as those Regulations continue to have effect by virtue of regulation 33 of the 2022 General Regulations; “ the commencement date ” means the day on which these Regulations come into force; “ owner ”, in relation to a vehicle, has the meaning given by the 2007 General Regulations; 2 This Chapter is without prejudice to section 16 of the Interpretation Act 1978. Saving and transitional provisions: representations and appeals in relation to penalty charges for parking contraventions occurring before the commencement date 21 1 Parts 2 and 5 of, and the Schedule to, the 2007 Appeals Regulations continue to have effect, on and after the commencement date, for the purposes of, and i [...]

Provision 25· legislation, statutory-instrument, representations

d on that person under regulation 21 of the 2007 General Regulations before that date by the enforcement authority which served the existing enforcement notice, c where a person is served with a new penalty charge notice, or d where a person is served with a new enforcement notice. 3 In this regulation— “ existing penalty charge notice ” means a penalty charge notice served under regulation 9 or 9A of the 2007 General Regulations before the commencement date; “ existing enforcement notice ” means— a penalty charge notice served under regulation 10 of the 2007 General Regulations before the commencement date, or a notice to owner served under regulation 19 of those Regulations before that date; “ new penalty charge notice ” means a penalty charge notice served under regulation 9 [...]