The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005

Cancellation of charge certificates, etc

34.—(1) This regulation applies where—

(a) a county court makes an order under regulation 33;

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

(c) subject to paragraph (3), the 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 (as the case may be) that the person making it—

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

(b) made representations under regulation 9 but had no response to those representations; or

(c) appealed to the adjudicator under regulation 14 but had no response to the appeal.

(3) Where it appears to the court, 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 his serving his statutory declaration within the period mentioned in paragraph (1)(c), the court may allow such longer period for service of the statutory declaration as it considers appropriate.

(4) Where a statutory declaration is served pursuant to paragraph (1)(c) or within such longer period as may be allowed under paragraph (3)—

(a) the order of the court shall be treated as revoked;

(b) the charge certificate shall be treated as cancelled;

(c) where the declaration contains such a statement as is mentioned in paragraph (2)(a), the penalty charge notice shall be treated as cancelled; and

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

(5) Where a declaration contains such a statement as is mentioned in paragraph (2)(a), nothing in regulation 8(2) shall prevent the enforcing authority serving a fresh penalty charge notice on the person making the declaration or any other person.

(6) Where a declaration contains such a statement as is mentioned in paragraph (2)(b) or (c), the enforcing authority shall refer the case to the adjudicator, who may give such directions as he considers appropriate.