London Local Authorities and Transport for London Act 2003

Invalid notices

7 (1) This paragraph applies where—

(a) a county court makes an order under paragraph 6 above;

(b) the person against whom it is made makes a statutory declaration complying with sub-paragraph (2) below; and

(c) that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court’s order is served on him, served on the county court which made the order.

(2) The statutory declaration must state that the person making it—

(a) did not receive the penalty charge notice in question;

(b) made representations to the enforcing authority under paragraph 1 above but did not receive a notice of rejection from that authority; or

(c) appealed to a traffic adjudicator under paragraph 4 above against the rejection by that authority of representations made by him under paragraph 1 above but had no response to the appeal.

(3) A statutory declaration under this paragraph is invalid and sub-paragraph (8) below shall not apply in relation to the declaration if one or more of the following grounds is met—

(a) the person who made the declaration claims that more than one of the grounds mentioned in sub-paragraph (2) above is met;

(b) the declaration is not signed by any person purporting to make it;

(c) the declaration is not signed by or does not contain an address for a person purporting to be a witness to the signature of the person making it.

(4) The Secretary of State may by regulations amend sub-paragraph (3) above by the addition of further grounds for a statutory declaration to be invalid.

(5) Sub-paragraph (7) below applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on him serving his statutory declaration within the period of 21 days allowed for by sub-paragraph (1) above.

(6) In considering an application under sub-paragraph (5) above the district judge must take into consideration any representations made by the enforcing authority before the expiry of the period of 14 days beginning on the date on which copies of the application and the statutory declaration are served by the court on the enforcing authority.

(7) Where this sub-paragraph applies, the district judge may allow such longer period for service of the statutory declaration as he considers appropriate.

(8) Subject to sub-paragraphs (3) above and (10) below, where a statutory declaration is served under sub-paragraph (1)(c) above—

(a) the order of the court shall be deemed to have been revoked;

(b) the charge certificate shall be deemed to have been cancelled;

(c) in the case of a statutory declaration under sub-paragraph (2)(a) above, the penalty charge notice to which the charge certificate relates shall be deemed to have been cancelled; and

(d) the district judge shall serve written notice of the effect of service of the statutory declaration on the person making it and on the enforcing authority.

(9) Service of a declaration under sub-paragraph (2)(a) above shall not prevent the enforcing authority serving a fresh penalty charge notice but if, when it was served, the relevant order under paragraph 6 was accompanied by a copy of the penalty charge notice to which the charge certificate relates, a fresh penalty charge notice in the same terms shall be deemed to have been served on the person making the declaration on the same day as the declaration was served.

(10) Where—

(a) sub-paragraph (7) above applies; and

(b) the order of the court is deemed to have been revoked under sub-paragraph (8) above,

the enforcing authority concerned shall not be liable to pay the person making the declaration any sums other than the increased charge which was payable under the county court order.

(11) Where a declaration has been served under sub-paragraph (2)(b) or (c) above, the enforcing authority shall refer the case to the traffic adjudicator who may give such direction as he considers appropriate.