The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013

Service of documents

3.—(1) Subject to paragraph (9) a notice or other document to be served by a charging authority on any person (“the recipient”) in accordance with these Regulations—

(a) may be served by first class post; and

(b) where the recipient is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.

(2) Where the address of the registered keeper of a motor vehicle upon which a penalty charge arising under regulation 4(1) has been imposed is contained in the register of mechanically propelled vehicles maintained by the Secretary of State under section 21 of the Vehicle Excise and Registration Act 1994(1) the penalty charge notice relating to that penalty charge is to be served on the registered keeper at that address.

(3) Where—

(a) the address of the registered keeper of a motor vehicle upon which a penalty charge arising under regulation 4(1) has been imposed is not contained in the register referred to in paragraph (2); or

(b) in accordance with regulation 6, the penalty charge is payable by a person other than the registered keeper of the motor vehicle,

the penalty charge notice may (where sub-paragraph (a) applies) be served on the recipient at an address at which the recipient resides or can conveniently be contacted, or (where sub-paragraph (b) applies) at the address notified to the charging authority by the registered keeper.

(4) Unless the contrary is proved—

(a) service of a notice or other document by first class post to an address in the United Kingdom is to be taken to have been effected on the second working day after the day on which it was posted;

(b) service of a notice or other document by first class post to an address outside the United Kingdom is to be taken to have been effected on the fifth working day after the day on which it was posted;

(c) service of a notice or other document by electronic transmission is to be taken to have been effected on the second working day after the day on which it was transmitted.

(5) For the purpose of receiving notices or other documents in accordance with these Regulations, the recipient may at any time, by notice in writing delivered to the charging authority—

(a) change the recipient’s address; or

(b) consent to the use of electronic transmission in accordance with paragraphs (6) to (8).

(6) A notice or other document mentioned in these Regulations may be served by the charging authority on the recipient by means of electronic transmission where—

(a) the recipient of the notice or document to be transmitted has given consent to the use of electronic transmission in writing to the charging authority;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(7) Where the recipient of a notice or other document served by electronic transmission notifies the charging authority within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the charging authority must provide such a copy as soon as reasonably practicable. The making of such a request by the recipient has no effect on the date on which the notice or other document was served in accordance with paragraph (4)(c).

(8) Where a person is no longer willing to accept the use of electronic transmission—

(a) that person must give notice to the charging authority in writing revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) Nothing in this regulation applies to—

(a) the service of any notice or other document required or authorised by the Schedule to be sent to a party to an appeal or served in connection with adjudication proceedings; or

(b) the service of any notice or order made by a county court.

(10) In this regulation—

(a) “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form; and

(b) “working day” means any day except a Saturday, a Sunday, New Year’s Day, Good Friday, Christmas Day or any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(2).

(1)

1994 c.22.

(2)

1971 c.80.