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12.—(1) The adjudicator shall not normally make an order as to expenses but may, subject to paragraph (2) make such an order–
(a)against a party (including an appellant who has withdrawn his appeal or the parking authority if that authority has consented to an appeal being allowed) if he is of the opinion that that party has acted frivolously or vexatiously or that that party’s conduct in making, pursuing or resisting an appeal was wholly unreasonable; or
(b)against the parking authority where he considers that the disputed decision was wholly unreasonable.
(2) An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.
(3) An order under paragraph (1) shall require the party against whom it is made to pay to the other party a specified sum in respect of the expenses incurred by that other party in connection with the proceedings.
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