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

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Representations in respect of charges

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9.—(1) The recipient may make written representations on any of the statutory grounds of appeal to the approved local authority against the imposition of the charge; but the authority may disregard any such representations which are received by them after the end of the 28 day period.

(2) The grounds are—

(a)that the alleged contravention did not occur;

(b)that regulation 7(1) (other proceedings pursued) applies;

(c)in a case where the charge notice has been served on the recipient on the basis that the recipient was the registered keeper of the vehicle, that the recipient was not the registered keeper on the detection date;

(d)that the recipient was the registered keeper of the relevant vehicle on the detection date, but—

(i)on that date the circumstances were as mentioned in regulation 6(1)(b);

(ii)on that date the circumstances were as mentioned in regulation 6(1)(c);

(iii)the circumstances were as mentioned in regulation 6(1)(d); or

(iv)on that date the vehicle was in the control of a person who had assumed control of it without the recipient’s consent;

(e)in a case where the charge notice has been served on the recipient on the basis that the recipient was the person by whom the relevant vehicle was kept on the detection date, that the recipient was not the keeper of the relevant vehicle on that date;

(f)in a case where the charge notice has been served on the recipient on the basis that the recipient was the hirer of the relevant vehicle, that the recipient was not liable to pay the charge under regulation 6(b);

(g)in a case where the charge notice has been served on the recipient on the basis that the recipient was a vehicle trader, that the recipient was either not a vehicle trader or was a vehicle trader but not the vehicle trader keeping the vehicle; and

(h)that the charge exceeded the amount applicable in the circumstances of the case.

(3) Where the ground mentioned in paragraph (2)(d)(i) is relied on in any representations made under paragraph (1), those representations must include a statement of the name and address of the person who hired the vehicle.

(4) Where the ground mentioned in paragraph (2)(d)(iii) is relied on in any representations made under paragraph (1), those representations must include a statement of the name and address of the person to whom the vehicle was disposed of by the recipient (if that information is in the recipient’s possession).

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