The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013

Invalid notices

22.—(1) This regulation applies where—

(a) a county court makes an order under regulation 21;

(b) the person against whom it is made makes a witness statement complying with paragraph (2); and

(c) that statement is served on the county court which makes the order, before the end of—

(i) the period of 21 days, beginning with the date on which notice of the county court’s order is served on him; or

(ii) such longer period as may be allowed under paragraph (4).

(2) The witness statement must state one and only one of the following—

(a) that the person making it did not receive the notice to owner in question;

(b) that representations were made to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but a notice of rejection was not received from that authority in accordance with regulation 6 of those Regulations;

(c) that an appeal was made to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made under regulation 4 of those Regulations but—

(i) no response to the appeal was received;

(ii) the appeal had not been determined by the time that the charge certificate had been served; or

(iii) the appeal was determined in the appellant’s favour; or

(d) that the penalty charge to which the charge certificate relates has been paid.

(3) Paragraph (4) applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of the case to insist on serving his witness statement within the period of 21 days allowed for by paragraph (1).

(4) Where this paragraph applies, the district judge may consider allowing a longer period for service of the witness statement.

(5) Where a witness statement is served under paragraph (1)(c)—

(a) the order of the court is deemed to have been revoked;

(b) the charge certificate is deemed to have been cancelled;

(c) in the case of a statement under paragraph (2)(a), the notice to owner to which the charge certificate relates is deemed to have been cancelled; and

(d) the district judge must serve written notice of the effect of service of the statement on the person making it and on the enforcement authority concerned.

(6) Subject to regulation 19, service of a witness statement under paragraph (2)(a) must not prevent the enforcement authority from serving a fresh notice to owner.

(7) Where a witness statement has been served under paragraph (2)(b), (c) or (d), the enforcement authority must refer the case to the adjudicator who may give such directions as are appropriate in the circumstances and the parties must comply with those directions.

(8) A witness statement under this regulation may be served on the county court by email in accordance with Section 1 of Practice Direction 5B in Part 5 of the Civil Procedure Rules 1998(1).

(9) In this regulation—

(a) references to a “notice to owner” include a regulation 10 penalty charge notice; and

(b) “witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998 and which is supported by a statement of truth in accordance with Part 22 of those Rules.

(1)

S.I. 1998/3132. L17.