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

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Right to make representations

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8.—(1) This regulation applies to the owner or person in charge of a vehicle where—

(a)in accordance with regulation 7 of the General Provisions Regulations an immobilisation device has been fixed to a vehicle found in a civil enforcement area; and

(b)he secures the release of the vehicle from the device on payment of an amount in accordance with regulation 9 of those Regulations.

(2) A person to whom paragraph (1) applies shall immediately upon the release of the vehicle be informed—

(a)of his right to make representations to the enforcement authority in accordance with this regulation; and

(b)of his right to appeal to an adjudicator if his representations are not accepted.

and that information must include a statement of the effect of paragraphs (4) and (5)

(3) The enforcement authority shall give that information, or cause it to be given, in writing.

(4) A person to whom paragraph (1) applies may make representations to the effect —

(a)that one or more of the grounds specified in paragraph (5) apply; or

(b)that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should refund some or all of the amount paid to secure the release of the vehicle,

and any such representations shall be in such form as may be specified by the enforcement authority.

(5) The grounds are—

(a)that the vehicle had not been permitted to remain at rest in the civil enforcement area in circumstances in which a penalty charge was payable under regulation 3 of the General Provisions Regulations;

(b)that the vehicle had been permitted to remain at rest in the place where it was 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 not in a civil enforcement area;

(d)that, in accordance with regulation 8 of the General Provisions Regulations (limitations on the power to immobilise vehicles), there was in the circumstances of the case no power under those Regulations to immobilise the vehicle at the time at which it was immobilised or at all;

(e)that the penalty charge or other charge paid to secure the release of the vehicle exceeded the amount applicable in the circumstances of the case: or

(f)that there has been a procedural impropriety on the part of the enforcement authority.

(6) In determining the form for making representations an enforcement authority must act through the joint committee through which, in accordance with the Enforcement and Adjudication Regulations, it exercises its function relating to adjudicators.

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