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

PART 4 DIRECTIONS AS TO INVALID NOTICES

Scope of Part 4

19.  Paragraph 20 applies where—

(a) the order of a county court which has been made against a person (“a relevant person”) in accordance with regulation 18 is deemed under regulation 19(4) to have been revoked following the making of a witness statement; and

(b) the charging authority has referred the case to the adjudicator for directions.

Procedure

20.—(1) In a case to which this paragraph applies—

(a) the proper officer must enter particulars of the case in the register; and

(b) the adjudicator must give directions as to the conduct of the proceedings unless the adjudicator decides that no such directions are necessary.

(2) The adjudicator may, in particular—

(a) if it appears to the adjudicator that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal and, in that event, this Schedule (except paragraphs 2 and 3) applies as if an appeal had been duly made by the relevant person; or

(b) if it appears to the adjudicator that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under paragraph 12 to review that decision.