The Penalty Charges Enforcement (London) Regulations 2012

Charge certificates

3.—(1) Where a penalty charge notice is served on any person under section 61(2) of the 2007 Act and the penalty charge to which it relates is not paid before the end of the relevant period, the borough council serving the notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased by the amount of the applicable surcharge.

(2) The relevant period, in relation to a penalty charge notice, is the period of 28 days beginning—

(a) where no representations are made under section 62 of the 2007 Act, with the date on which the penalty charge notice is served;

(b) where—

(i) such representations are made;

(ii) a notice of rejection is served by the borough council concerned; and

(iii) no appeal against the notice of rejection is made,

with the date on which the notice of rejection is served;

(c) where—

(i) such representations are made;

(ii) a notice of rejection is served by the borough council concerned;

(iii) an appeal against the notice of rejection is made; and

(iv) the adjudicator, under regulation 7(4) of the Representations and Appeals Regulations, does not allow the appeal but recommends the borough council to cancel the penalty charge notice,

with the date on which the borough council notifies the appellant under regulation 7(5) of those Regulations that it does not accept the recommendation; or

(d) in a case not falling within sub-paragraph (c) where there has been an unsuccessful appeal to an adjudicator under the Representations and Appeals Regulations against a notice of rejection, with the date on which notice of the adjudicator’s decision is served on the appellant.

(3) Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator serves notice of his decision, the relevant period in relation to a penalty charge notice is the period of 14 days beginning with the date on which the appeal is withdrawn.