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The Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008

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Person by whom a penalty charge is to be paid

4.—(1) Where a parking contravention occurs, the person by whom the penalty charge for the contravention is to be paid, will be determined in accordance with the following provisions of this regulation.

(2) In a case not falling within paragraph (3), the penalty charge is payable by the person who was the owner of the vehicle involved in the contravention at the material time.

(3) Where—

(a)the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement;

(b)the person hiring it had signed a statement of liability acknowledging his or her liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement; and

(c)in response to a notice to owner served on him or her, the owner of the vehicle made representations on the ground specified in regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,

the penalty charge is payable by the person by whom the vehicle was hired and that person will be treated as if he or she were the owner of the vehicle at the material time for the purposes of these Regulations.

(4) In this regulation—

(a)“hiring agreement” (“cytundeb llogi”) and “vehicle-hire firm” (“ffyrm llogi cerbydau”) have the same meanings as in section 66 of the Road Traffic Offenders Act 1988(1); and

(b)“the material time” (“yr adeg berthnasol”) means the time when the contravention giving rise to the penalty charge is said to have occurred.

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