Part II

Parking

Service of penalty charge notice where parking attendant prevented from issuing a notice
5
1
Where a parking attendant attempts to issue a penalty charge notice in accordance with section 66(1) of the Act of 1991 but is prevented from doing so by any person, the council may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.
2
A participating council may not serve a penalty charge notice under this section after the expiry of the period of 28 days beginning with the date on which the penalty charge allegedly became payable.
3
Subject to subsection (4) below, the Act of l991 shall apply to a penalty charge notice served under this section as though it were a penalty charge notice served under section 66(1) of that Act.
4
In the application of the Act of 1991 to penalty charge notices served under this section—
a
for the reference to the parking attendant in section 66(3)(a) there shall be substituted a reference to the council;
b
for the reference in paragraph 1(2)(b) of Schedule 6 to the parking attendant who issued the penalty charge notice there shall be substituted a reference to the council who served the penalty charge notice;
c
for the purpose of section 66(3)(d) as applied by this section, the date of the penalty charge notice shall be the date on which the penalty charge notice was served; and
d
in paragraph 2(4) of Schedule 6, the following additional ground shall be inserted:—
g
that, in the case of a penalty charge notice served under section 5 of the London Local Authorities Act 2000, the parking attendant was not prevented from serving the penalty charge notice in accordance with section 66(1) of this Act.
.
5
A notice served under this section may be served in the same manner as a notice to owner under paragraph 10 of Schedule 6 to the Act of 1991.