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London Local Authorities and Transport for London Act 2008

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Right to make representations

2(1)A relevant person shall, at the relevant time be informed by notice in writing, by or on behalf of the relevant authority, of his right to make representations under this paragraph and his right of appeal under paragraph 3 below.

(2)A relevant person may make representations in writing to the relevant authority on one or more of the grounds mentioned in sub-paragraph (3) below.

(3)The grounds are—

(a)that in the particular circumstances of the case, the removal or disposal of the vehicle was not authorised by Part 5 (non-payment of penalty charges) of this Act;

(b)that the penalty charge, other charge or bond paid to secure the release or recovery of the vehicle exceeded the amount applicable in the circumstances of the case;

(c)that the outstanding penalty charges were all incurred before the owner of the vehicle at the relevant time had become the owner of that vehicle;

(d)that the number of outstanding penalty charges incurred after he had become the owner was fewer than three;

(e)that the outstanding penalty charges have all been paid;

(f)that the relevant person is a vehicle-hire firm and—

(i)the vehicle in question was, at the time the outstanding penalty charges were incurred, hired from that firm under a hiring agreement; and

(ii)the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge incurred in respect of the vehicle during the currency of the hiring agreement;

(g)that, in respect of an outstanding penalty charge (other than in a case where subsection (4)(b) of section 14 (interpretation of Part 5) of this Act applies), the owner of the vehicle did not receive the penalty charge notice in question (in the case where the outstanding penalty charge arose from a penalty charge notice which purported to have been served by the London authority following the detection of a contravention of an enactment by a camera or other device);

(h)that, in respect of an outstanding penalty charge (other than in a case where subsection (4)(b) of the said section 14 applies), the owner of the vehicle did not receive a notice to owner (in the case where the penalty charge arose from a penalty charge notice in respect of which a notice to owner may be served);

(i)that the owner of the vehicle made representations to the London authority against the original penalty charge but did not receive a notice of rejection from the London authority;

(j)that the owner of the vehicle appealed to a parking adjudicator, a traffic adjudicator or a road user charging adjudicator against the rejection by the London authority of representations made by him but had no response to the appeal.

(4)A relevant authority may disregard any representations received by them after the end of the period of 28 days beginning with the date on which the relevant person is informed in accordance with sub-paragraph (1) above of his right to make representations.

(5)It shall be the duty of the relevant authority to whom representations are duly made under this paragraph, before the end of the period of 56 days beginning with the day on which they receive the representations—

(a)to consider them and any supporting evidence which the person making them provides; and

(b)to serve on that person a notice of their decision as to whether or not they accept that the ground in question has been established.

(6)Subject to sub-paragraph (11) below, where a relevant authority serve notice under sub-paragraph (5)(b) above that they accept that a ground has been established they shall (when serving that notice or as soon as practicable thereafter) refund (if they have not done so already)—

(a)any bond paid to them—

(i)in accordance with subsection (12)(b) of section 15 (preliminary procedure where ownership details not known) of this Act;

(ii)in response to a notice under subsection (2) of section 16 (preliminary procedure in other cases) of this Act;

(iii)under subsection (9) of section 17 (immobilisation and removal of vehicles) of this Act;

(iv)in accordance with subsection (3)(c) of section 19 (taking possession of a vehicle) of this Act; or

(v)under section 20 (payment of bond to secure removal) of this Act; and

(b)any penalty charge or other charges—

(i)paid to recover the vehicle after it had been removed from a road;

(ii)deducted from the proceeds of sale of the vehicle,

except to the extent (if any) to which those sums were properly paid or deducted.

(7)Where a relevant authority serve notice under sub-paragraph (5)(b) above that they do not accept that a ground has been established, that notice shall—

(a)inform the relevant person of his right to appeal to an adjudicator under paragraph 3 below;

(b)indicate the nature of the adjudicator’s power to award costs against any person appealing to him under that paragraph;

(c)describe in general terms the form and manner in which such an appeal is required to be made; and

(d)provide such other information as the relevant authority consider appropriate.

(8)Where a relevant authority fail to comply with sub-paragraph (5) above before the end of the period of 56 days there mentioned—

(a)they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under sub-paragraph (5)(b) above; and

(b)sub-paragraph (6) above shall have effect as if it required any refund to be made immediately after the end of that period.

(9)Any notice required to be served under this paragraph may be served personally or by post or in such manner as is agreed between the relevant authority and the relevant person.

(10)Where the person on whom any document is required to be served by sub-paragraph (5) above is a body corporate, the document is duly served if it is sent by post or in any such manner as is agreed to the secretary or clerk to that body.

(11)Where a relevant authority serve notice under sub-paragraph (5)(b) above that they accept that a ground has been established—

(a)under sub-paragraph (3)(g) to (i) above, with regard to a valid notice that was sent but not received, a London authority may, in respect of each outstanding penalty charge for which the ground has been established serve a replacement penalty charge notice, notice to owner or notice of rejection, as the case may be; or

(b)under sub-paragraph (3)(j) above with regard to a response to an appeal that was sent but not received, a parking, traffic or road user charging adjudicator may, in respect of an outstanding penalty charge for which the ground has been established serve a replacement response to the appeal at the request of a London authority.

(12)A notice or response served under sub-paragraph (11) above shall be served on the person who made the representations, or, in the case where that person has also established a ground under sub-paragraph (3)(c) or (d) above, on the person whom the authority believes to have been the owner of the vehicle at the time when the penalty charge in question was incurred.

(13)A notice or response served under sub-paragraph (11) above shall, for the purposes of the enactment in respect of which the relevant outstanding penalty charge in question arose be deemed to have been issued or served in compliance with any time limits under the enactment.

(14)Where a relevant authority serve notice under sub-paragraph (5)(b) above that they accept that a ground has been established under sub-paragraph (3)(c) to (j) above in the case of some, but not all, of the outstanding penalty charges, sub-paragraph (6) above shall have effect as follows—

(a)if the number of remaining outstanding penalty charges in respect of which the representations were made is fewer than three, the only penalty charges which the relevant authority must refund are those in respect of which they accept that a ground was established and they must refund any bond;

(b)if the number of remaining outstanding penalty charges in respect of which the representations were made is three or more, the relevant authority need only refund the penalty charges in respect of which they accept that a ground was established and they need not refund any bond, or other penalty charges or charges.

(15)In this paragraph—

  • “hiring agreement” and “vehicle-hire firm<” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988 (c. 53); and

  • “relevant time” means the time of the happening of an event such as is referred to in paragraph 1(1)(a) to (e) of this Schedule.

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