The Silvertown Tunnel Order 2018

Representations against penalty charge notice

6.—(1) Where it appears to the recipient that one or other of the grounds mentioned in sub-paragraph (3) are satisfied, the recipient may make representations in writing to that effect to TfL.

(2) TfL may disregard any such representations which are received by it after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.

(3) The grounds are—

(a) that the recipient—

(i) never was the registered keeper in relation to the motor vehicle in question;

(ii) had ceased to be the person liable before the date on which the motor vehicle was used in the tunnels; or

(iii) became the person liable after that date;

(b) that the charge payable for the use or keeping of the motor vehicle on a road on the occasion in question was paid at the time and in the manner required by the statement of charges;

(c) that no penalty charge is payable under the statement of charges;

(d) that the motor vehicle had been used or kept, or permitted to be used or kept, on a road by a person who was in control of the motor vehicle without the consent of the registered keeper;

(e) that the penalty charge exceeded the amount applicable in the circumstances of the case;

(f) that the recipient is a vehicle-hire firm and—

(i) the motor vehicle in question was at the material time hired from that firm under a hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging liability in respect of any penalty charge notice imposed in relation to the motor vehicle during the currency of the hiring agreement.

(4) Where the ground mentioned in sub-paragraph (3)(a)(ii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person to whom the motor vehicle was disposed of by the person making the representations (if that information is in that person’s possession).

(5) Where the ground mentioned in sub-paragraph (3)(a)(iii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person from whom the motor vehicle was acquired by the person making the representations (if that information is in that person’s possession).

(6) Where representations are duly made under this paragraph to TfL it must—

(a) consider them and any supporting evidence which the person making them provides; and

(b) serve on that person notice of its decision as to whether or not it accepts that the ground in question has been established.