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The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) Order 1997

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3.—(1) Section 71 shall be modified as follows.

(2) In subsection (1) for the words “a London authority” there shall be substituted “the parking authority”.

(3) In subsection (3) for the word “below” there shall be substituted “or subsection (4A) below as the case may be”.

(4) In subsection (4)—

(a)at the beginning there shall be inserted “In the case of a vehicle which it is alleged was found in a designated parking place”; and

(b)for paragraph (a) there shall be substituted—

“(a)that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the designated parking place in the circumstances in which a penalty charge was payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act;”.

(5) After subsection (4), there shall be inserted the following subsection—

“(4A) In the case of a vehicle which it is alleged was found in a special parking area, but not in a designated parking place, the grounds referred to in subsection (3) above are—

(a)that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the special parking area (but not in a designated parking place) in circumstances in which a penalty charge was payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act;

(b)that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

(c)that the place where the vehicle was at rest was a designated parking place or was not in the special parking area;

(d)in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 did not apply to the vehicle in question; or

(e)that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.”

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