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The Traffic Management (Northern Ireland) Order 2005

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Right to make representations to Department

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9.—(1) Where it appears to a person who has received a notice under Article 6 or 7 (“the recipient”) that one or more of the grounds mentioned in paragraph (2)

are satisfied, he may make representations in writing to the Department before the end of the period of 28 days from the date of the notice.

(2) The grounds are—

(a)that the recipient—

(i)never was the owner of the vehicle in question;

(ii)had ceased to be its owner before the date on which the alleged contravention occurred; or

(iii)became its owner after that date;

(b)that the alleged contravention did not occur;

(c)that—

(i)at the time of the alleged contravention the vehicle was in the control of a person without the consent of the owner; or

(ii)it would be unreasonable to regard the owner as responsible for the alleged contravention because the vehicle had previously been in the control of a person without his consent;

(d)that the recipient is a vehicle-hire firm and—

(i)the vehicle was at the time of the alleged contravention hired from that firm under a hiring agreement; and

(ii)the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge during the currency of the hiring agreement;

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

(f)in the case of a notice under Article 6 which was preceded by a penalty charge notice issued under Article 5(2)(b), that the traffic attendant was not prevented from issuing a penalty charge notice under Article 5;

(g)that the conduct constituting the alleged contravention is the subject of criminal proceedings or of a fixed penalty notice.

(3) The reference in paragraph (2)(d) to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of a fixed period specified in the agreement, but otherwise on the terms and conditions so specified.

(4) The Department shall—

(a)consider any representations made under this Article and any supporting evidence which the person making them provides; and

(b)serve on that person notice of its decision as to whether it accepts that the ground in question has been established.

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