The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011

Making an appeal

12.—(1) A person on whom a charge notice has been served may, on any of the statutory grounds of appeal, appeal to the adjudicator against the imposition of the charge if—

(a) that person has made representations to the authority under regulation 9; and

(b) that person has received from the authority a notice of rejection.

(2) An appeal is to be made by a notice of appeal sent to the proper officer.

(3) A notice of appeal—

(a) must be in writing and signed by the appellant or the appellant’s authorised agent;

(b) must state the full name and address of the appellant;

(c) may specify some other address as being the address to which the appellant wishes documents to be sent to him or her in connection with the appeal;

(d) must state the name of the authority by which the decision to impose the charge was made and the date and reference number of the charge notice concerned;

(e) may include any additional representations on any of the statutory grounds of appeal which the appellant desires to make; and

(f) may include a request for a hearing.

(4) The notice of appeal is to be sent to the proper officer within the period of 28 days beginning with the date of service of the notice of rejection (“the appeal period”).

(5) If the notice of appeal is sent to the proper officer outside the appeal period, the appellant must include in the notice a statement of the reasons on which the appellant relies for justifying the delay.

(6) The adjudicator is to treat any such statement as a request to extend the appeal period and, if the adjudicator thinks fit, may direct that the period be extended accordingly.