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The Road Traffic (Parking Adjudicators) (Perth and Kinross Council) Regulations 2002

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Sending of documents

16.—(1) This regulation has effect in relation to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal, to the proper officer or to any other person.

(2) Subject to paragraph (3), any such document shall be regarded as having been sent to the person concerned if it is–

(a)delivered to him personally;

(b)left at his proper address;

(c)sent to him at that address by post or through a document exchange; or

(d)transmitted to him by FAX or other means of electronic data transmission in accordance with paragraphs (3), (4) and (5).

(3) A document may be transmitted by FAX where the person concerned has indicated in writing that he is willing to regard the document as having been duly sent to him if it is transmitted to a specified FAX number and the document is transmitted to that number.

(4) In the case of the parking authority, an indication under paragraph (3) can be expressed to apply to any appeal to which it is a respondent.

(5) Paragraphs (3) and (4) shall apply with the appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.

(6) Regulations 3(4) and 5(4)–

(a)shall, in the case of a document transmitted by FAX be satisfied if a copy of the signature of the relevant person appears on the transmitted copy; and

(b)shall not apply in relation to a document transmitted by other means of electronic data transmission.

(7) Where the proper address includes a numbered box number at a document exchange, a document may be sent by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day following the day on which it is left.

(8) For the purposes of these Regulations and of section 7 of the Interpretation Act 1978(1) in its application to this regulation–

(a)the proper address of the appellant is the address specified in his notice of appeal pursuant to paragraph (2)(b) of regulation 3 or (if no such address is so specified) the address stated pursuant to paragraph (2)(a) of that regulation; and

(b)the proper address of the parking authority in proceedings in which it is the respondent is such address as the parking authority from time to time specifies in a notice sent to the proper officer as being the proper address in all such proceedings.

(9) If no address has been specified or stated, the proper address for the purposes of these Regulations and section 7 of the Interpretation Act 1978 shall be–

(a)in the case of an individual, his usual or last known address; or

(b)in the case of a partnership, the principal or last known place of business within the United Kingdom; or

(c)in the case of an incorporated or unincorporated body, the registered or principal office of that body.

(10) An appellant may at any time by notice in writing to the proper officer change his proper address for the purposes of these Regulations and section 7 of the Interpretation Act 1978.

(11) A party may by notice in writing sent to the proper officer vary or revoke any indication given by him under paragraph (3).

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