PART 4
REPRESENTATIONS AND APPEALS
IN RELATION TO REMOVED
VEHICLES
Right to make
representations about a
removed vehicle
11.—(1) This
regulation applies to a
person where, as respects a
vehicle which has been found
in a civil enforcement area
for parking contraventions
and removed under
regulations made under
section 99 of the 1984 Act—
(a)
he is required to pay an
amount on recovery of the
vehicle under section 101A
of that Act;
(b)
he receives a sum in respect
of the vehicle under section
101A(2) of that Act;
(c)
he is informed that the
proceeds of sale of the
vehicle did not exceed the
aggregate amount mentioned
in that provision; or
(d)
he is informed that the
vehicle was disposed of
without there being any
proceeds of sale.
(2) A person to whom
paragraph (1) applies shall
immediately upon the
happening of an occurrence
referred to in paragraph (1)
be informed—
(a)
of his right to make
representations to the
enforcement authority in
accordance with this
regulation; and
(b)
of his right to appeal to an
adjudicator if his
representations are not
accepted,
and
that information must
include a statement of the
effect of paragraphs (4) and
(5).
(3) The enforcement
authority shall give that
information, or cause it to
be given, in writing.
(4) A person to whom
paragraph (1) applies may
make representations to the
effect—
(a)
that one or more of the
grounds specified in
paragraph (5) apply; or
(b)
that, 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 paid to secure the
release of the vehicle or
deducted from the proceeds
of sale; or
(ii)
waive its right to recover
all or any of the sums due
to it on account of the
removal or disposal of the
vehicle,
and any
such representations shall
be in such form as may be
specified by the enforcement
authority.
(5) The grounds referred to
in paragraph (4)(a) are—
(a)
that the vehicle had not
been permitted to remain at
rest in a civil enforcement
area for parking
contraventions in
circumstances in which a
penalty charge was payable
by virtue of regulation 4 of
the General Regulations;
(b)
that a civil enforcement
officer had not, in
accordance with regulation 9
of the General Regulations,
fixed a penalty charge
notice to the vehicle or
handed such a notice to the
person appearing to him to
be in charge of the vehicle,
before the vehicle was
removed;
(c)
that, at the time the
vehicle was removed, the
power to remove the vehicle
conferred by paragraph (2)
of regulation 5C of the
Removal and Disposal of
Vehicles Regulations 1986()
was, by virtue of paragraph
(3) of that regulation, not
exercisable;
(d)
that 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;
(e)
that the place where the
vehicle was at rest was not
in a civil enforcement area
for parking contraventions;
(f)
that the penalty charge or
other charge paid to secure
the release of the vehicle
exceeded the amount
applicable in the
circumstances of the case;
or
(g)
that there has been a
procedural impropriety on
the part of the enforcement
authority.
(6) In determining the form
for making representations
the London authorities must
act through the joint
committee through which, in
accordance with regulation
15 of the General
Regulations, they exercise
their functions relating to
adjudicators.
Duty of
enforcement authority to
which representations are
made
12.—(1) The
enforcement authority may
disregard any
representations under
regulation 11 which are
received by it after the end
of the period of 28 days
beginning with the date on
which the person making them
is informed under regulation
11(2) of his right to make
representations.
(2) Subject to paragraph
(1), if representations are
made to it in accordance
with regulation 11(4), it
shall be the duty of the
enforcement authority,
before the end of the period
of 56 days beginning with
the date on which it
receives the
representations—
(a)
to consider them and any
supporting evidence which
the person making them
provides; and
(b)
to serve on that person
notice of its decision as to
whether or not it accepts
that—
(i)
a ground specified in
regulation 11(5) applies; or
(ii)
there are compelling reasons
of the kind referred to in
regulation 11(4)(b).
(3) Where an authority
serves notice under
paragraph (2)(b)(i) that it
accepts that a ground
specified in regulation
11(5) applies it shall (when
serving that notice)—
(a)
refund any sums that—
(i)
the person to whom the
vehicle was released was
required to pay under
section 101A(1) of the 1984
Act; or
(ii)
were deducted from the
proceeds of sale of the
vehicle in accordance with
section 101A(2) of that Act,
except to the extent (if
any) to which those sums
were properly paid or
deducted; and
(b)
inform the person making
representations 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.
(4) Where an authority
serves notice under
paragraph (2)(b)(ii) that it
accepts that there are such
compelling reasons, it shall
(when serving that notice)—
(a)
refund the sums referred to
in paragraph (3)(a) or such
of them as it considers
appropriate in the
circumstances of the case;
and
(b)
inform the person making
representations 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.
(5) An authority which has
waived its right to recover
a sum loses its right to do
so.
(6) Where an authority
serves notice under
paragraph (2)(b) that it
does not accept that
paragraph (2)(b)(i) or (ii)
is fulfilled, that notice
shall—
(a)
inform the person on whom it
is served of his 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.
(7) Where an authority fails
to comply with paragraph (2)
before the end of the period
of 56 days mentioned there
it shall be treated as
having accepted the
representations and as
having served notice to that
effect under paragraph
(2)(b) and paragraph (3)
shall apply accordingly.
