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London Local Authorities Act 2000

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5Service of penalty charge notice where parking attendant prevented from issuing a notice

(1)Where a parking attendant attempts to issue a penalty charge notice in accordance with section 66(1) of the Act of 1991 but is prevented from doing so by any person, the council may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.

(2)A participating council may not serve a penalty charge notice under this section after the expiry of the period of 28 days beginning with the date on which the penalty charge allegedly became payable.

(3)Subject to subsection (4) below, the Act of l991 shall apply to a penalty charge notice served under this section as though it were a penalty charge notice served under section 66(1) of that Act.

(4)In the application of the Act of 1991 to penalty charge notices served under this section—

(a)for the reference to the parking attendant in section 66(3)(a) there shall be substituted a reference to the council;

(b)for the reference in paragraph 1(2)(b) of Schedule 6 to the parking attendant who issued the penalty charge notice there shall be substituted a reference to the council who served the penalty charge notice;

(c)for the purpose of section 66(3)(d) as applied by this section, the date of the penalty charge notice shall be the date on which the penalty charge notice was served; and

(d)in paragraph 2(4) of Schedule 6, the following additional ground shall be inserted:—

(g)that, in the case of a penalty charge notice served under section 5 of the London Local Authorities Act 2000, the parking attendant was not prevented from serving the penalty charge notice in accordance with section 66(1) of this Act..

(5)A notice served under this section may be served in the same manner as a notice to owner under paragraph 10 of Schedule 6 to the Act of 1991.

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