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The Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008

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PART 1PRELIMINARY

Citation, commencement and application

1.—(1) These Regulations may be cited as the Civil Enforcement of Parking Contraventions (Representations and Appeals)(Wales) Regulations 2008 and shall come into force on 31st March 2008.

(2) These Regulations apply to Wales.

Interpretation

2.—(1) In these Regulations—

“the 1984 Act” means the Road Traffic Regulation Act 1984(1);

“the 2004 Act” means the Traffic Management Act 2004;

“appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

“the Enforcement and Adjudication Regulations” means the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008(2);

“the General Provisions Regulations” means the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008(3);

“notice of rejection” means a notice served by an enforcement authority rejecting or not accepting representations made to it under regulation 4 or 8;

“notice to owner” has the meaning given in paragraph (2);

“owner” in relation to a vehicle, includes any person who by virtue of regulation 4 of the General Provisions Regulations, falls to be treated as the owner of the vehicle for the purposes of those Regulations;

“penalty charge” means a penalty charge relating to a parking contravention in accordance with regulation 3 of the General Provisions Regulations

“penalty charge notice” has the meaning given by regulation 4(1) of the Enforcement and Adjudication Regulations;

“procedural impropriety” has the meaning given by regulation 4(5); and

“recipient” has the meaning given in paragraph (2).

(2) In these Regulations (except regulation 3)—

(a)references to a “notice to owner” shall be taken—

(i)in a case where a penalty charge notice has been served under regulation 5 of the Enforcement and Adjudication Regulations, as references to a notice to owner as defined by regulation 2(1) of those Regulations;

(ii)in a case where a penalty charge notice has been served under regulation 6 of the Enforcement and Adjudication Regulations, as references to that penalty charge notice; and

(b)references to “the recipient” in relation to a notice to owner shall be taken as references to the person on whom the notice to owner was served.

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