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

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Review of adjudicator’s decision

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12.—(1) The adjudicator may, on the application of a party, review—

(a)any interlocutory decision; or

(b)any decision to determine that a notice of appeal does not accord with paragraph 2 or to dismiss or allow an appeal, or any decision as to costs, on one or more of the following grounds—

(i)the decision was wrongly made as the result of an administrative error;

(ii)the adjudicator was wrong to reject the notice of appeal;

(iii)a party who failed to appear or be represented at a hearing had good and sufficient reason for his failure to appear;

(iv)where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing, the existence of which could not reasonably have been known or foreseen;

(v)where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not reasonably have been known or foreseen; or

(vi)the interests of justice require such a review.

(2) An application under subparagraph (1) must—

(a)be delivered to the proper officer within the period of 14 days beginning with the date on which the copy of the register entry is served on the parties; and

(b)state the grounds in full.

(3) The parties shall have the opportunity to be heard on any application for review under subparagraph (1).

(4) Having reviewed the decision, the adjudicator may direct that it be confirmed, that it be revoked or that it be varied.

(5) If, having reviewed a decision, the adjudicator directs that it be revoked, he shall substitute a new decision or order a re-determination by himself, the original adjudicator or a different adjudicator.

(6) Paragraph 11 shall apply to the confirmation, revocation or variation of a decision under this paragraph as it applies to a decision made on the disposal of an appeal.

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