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The Civil Enforcement of Parking Contraventions (Representations and Appeals) Removed Vehicles (Wales) Regulations 2008

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Procedure to be followed by adjudicators, service of documents and recovery of sums payable

6.—(1) The Schedule to the Representations and Appeals Regulations (“the Schedule”) has effect as to the procedure and the service of documents in adjudication proceedings under these Regulations as if it were incorporated in these Regulations subject to the modifications specified in paragraph (3).

(2) Accordingly references in that Schedule as it has effect by virtue of paragraph (1) to these Regulations must be taken as references to these Regulations and not to the Representations and Appeals Regulations.

(3) The modifications referred to in paragraph (1) are—

(a)in paragraph 1(1), in the definition of “appeal” for “regulation 7(1) or 10(1)” there is substituted “regulation 5”;

(b)in paragraph 2(3), for “regulation 7(1)(a) or 10(1)(a) (as the case may be)” there is substituted “regulation 5”;

(c)in paragraph 4(1) for “regulation 4(2)(b) or 8(4), whichever is appropriate in the circumstances” there is substituted “regulation 3(5)”.

(4) Subject to the provisions of that Schedule as so modified, an adjudicator may regulate his or her own procedure.

(5) Any amount which is payable—

(a)by way of an adjudicator’s decision;

(b)by virtue of any provision of the Representations and Appeals Regulations which requires an enforcement authority to refund any sum,

must, if a county court so orders, be recoverable by the person to whom the amount is payable as if it were payable under a county court order.

(6) Paragraph (3) does not apply to a penalty charge which remains payable following an adjudication under regulation 7 of the Representations and Appeals Regulations.

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