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The Traffic Management (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Service of notice to owner if penalty charge not paid

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6.—(1) Where—

(a)a penalty charge notice with respect to a vehicle has been issued under Article 5; and

(b)the penalty charge has not been paid within 28 days,

the Department may serve a notice (“a notice to owner”) on the person who appears to the Department to have been the owner of the vehicle when the alleged contravention occurred.

(2) In paragraph (1)(b) “within 28 days” means before the end of the period of 28 days from the date—

(a)of the penalty charge notice if it was issued by a traffic attendant; or

(b)of the supplementary notice under Article 5(5) if the penalty charge notice was issued by the Department.

(3) A notice to owner must state—

(a)the grounds on which the traffic attendant believed that a penalty charge was payable with respect to the vehicle;

(b)the amount of the penalty charge which is payable;

(c)that the penalty charge must be paid within 28 days;

(d)that failure to pay the penalty charge may lead to the penalty charge being increased;

(e)the amount of that increased charge;

(f)that there is a right to make representations under Article 9 and a right of appeal under Article 13;

(g)how payment of the penalty charge may be made; and

(h)such additional matters as the Department may determine.

(4) In paragraph (3)(c) “within 28 days” means before the end of the period of 28 days from the date of the notice to owner.

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