b

the parking authority.

1

Where, in the case of a stationary vehicle, a parking attendant has reason to believe that it has been allowed to remain at rest in any of the circumstances in which a penalty charge is payable, the parking attendant or another person acting under the direction of the parking attendant may fix an immobilisation device to the vehicle.

8

In this section “relevant authority” means the parking authority.

4

The grounds are—

a

that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking area in circumstances in which a penalty charge was payable;

b

that the vehicle had been permitted to remain at rest in the place where it was by a person who was in control of the vehicle without the consent of the owner;

c

that the place where the vehicle was at rest was not in the parking area;

d

in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 did not apply to the vehicle at the time in question; or

e

that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.

1

The functions conferred on the parking authority by this section must be discharged by it through a joint committee (“the Joint Committee”) which has been set up in pursuance of arrangements entered into under section 101(5) of the Local Government Act 19726 and of which the parking authority and at least two other local authorities are constituent authorities.

2

In subsection (1) “local authorities” means authorities which are county or county borough councils in Wales or county or district councils in England in whose areas permitted parking areas or special parking areas have been designated under Schedule 3 to this Act.

3

The parking authority must—

a

with the consent of the Lord Chancellor appoint persons to act as parking adjudicators for the purposes of this Part of this Act in relation to the parking area;

b

provide or secure the provision of accommodation and administrative staff for parking adjudicators so appointed; and

c

determine the places at which such parking adjudicators are to sit.

12A

The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999 have effect as if made by the National Assembly for Wales and apply to the parking area as they apply to the areas designated by the Orders listed in the Schedule to those Regulations.

8

Any order made under subsection (2), and any regulations made under subsection (4), of this section apply with necessary modifications, including in particular the substitution for references to a London authority of references to the parking authority, in relation to the recovery of Part II debts payable in relation to the parking area.

1

In this section and sections 66, 69 to 74, 78 and 79 of, and Schedule 6 to, this Act—

• “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;

• “the Joint Committee” has the meaning given by section 73(1) of this Act;

• “the parking area” means the area designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County Borough of Conwy) Order 20067;

• “parking attendant” has the same meaning as in section 63A of the Road Traffic Regulation Act 1984;

• “parking authority” means the Council of the County Borough of Conwy;

• “penalty charge” means a penalty charge which is payable by virtue of paragraph 3(1) and (2) of Schedule 3 to this Act;

• “prescribe” and “prescribed” mean prescribe or, as the case may be, prescribed, by regulations made by the National Assembly for Wales; and

• “vehicle hiring agreement” and “vehicle hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 19888 (hired vehicles).

1

A local authority must keep an account of—

a

their income and expenditure in respect of designated parking places for which they are the local authority and which are in the permitted parking area; and

b

their income from additional parking charges (within the meaning of section 74(6) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in relation to that area by virtue of any provision of Part II of the Road Traffic Act 1991 as it applies in relation to that area.

1A

As soon as reasonably possible after the end of each financial year the local authority must forward to the National Assembly for Wales a copy of the account for that year.

1

If a vehicle is removed from the parking area in circumstances in which an offence would have been committed but for the provisions of paragraph 1(4) or 2(4) of Schedule 3 to the Road Traffic Act 1991, the local authority shall be entitled to recover from any person responsible, such charges in respect of the removal, storage and disposal of the vehicle, as they may require.

4

Without prejudice to subsection (3) above, where by virtue of subsection (1) above any sum is recoverable in respect of a vehicle by a local authority in whose custody the vehicle is, the local authority shall be entitled to retain custody of it until that sum has been paid.