4.—(1) In these Regulations a “penalty charge notice” means a notice which—
(a)was given in accordance with regulation 5 or 6 in relation to a parking contravention; and
(b)complies with the requirements of the Schedule which apply to it as well as to those of regulation 3 of the Representations and Appeals Regulations which so apply.
(2) The Schedule has effect with regard to penalty charge notices.
5. Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice—
(a)By fixing it to the vehicle; or
(b)Giving it to the person appearing to him to be in charge of the vehicle.
6.—(1) An enforcement authority may serve a penalty charge notice by post where—
(a)on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;
(b)a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 5 but was prevented from doing so by some person, or
(c)a civil enforcement officer had begun to prepare a penalty charge notice in accordance with regulation 5 but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 5,
and references in these Regulations to a “Regulation 6 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.
(2) For the purposes of paragraph (1)(c), a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.
(3) A regulation 6 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.
(4) Subject to paragraph (6), a regulation 6 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
(5) Paragraph (6) applies where—
(a)within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;
(b)an earlier regulation 6 penalty charge notice relating to the same contravention has been cancelled under regulation 15(5)(c); or
(c)an earlier regulation 6 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.
(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 6 penalty charge notice—
(a)in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or
(b)in a case falling within paragraph (5)(b) or (c), for a period of 4 weeks beginning with the appropriate date.
(7) In this regulation—
(a)“the appropriate date” means—
(i)in a case falling within paragraph (5)(a), the date referred to in paragraph (4);
(ii)in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 15(5)(d); or
(iii)in a case falling within paragraph (4)(c) the date on which the previous regulation 6 penalty charge notice was cancelled; and
(b)“relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of state under the Vehicle Excise and Registration act 1994.
7.—(1) A penalty charge notice fixed to a vehicle in accordance with regulation 5(a) shall not be removed or interfered with except by or under the authority of—
(a)the owner or person in charge of the vehicle; or
(b)the enforcement authority.
(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.