London Local Authorities and Transport for London Act 2008

7 Limitation on service of notice to owner: road traffic contraventions

(1) Section 6 (limitation on service of penalty charge notice) of the Act of 2003 is amended as follows.

(2) In subsection (2) —

(a) for “Subject to the provisions of this section,” there is substituted “Subsection (2A) below applies”;

(b) for the words from “the borough council may” to the end of the subsection there is substituted “; or

(d) payment of the penalty charge has been made or has purportedly been made before the expiry of the period mentioned in subsection (1) above but the payment or purported payment is subsequently cancelled or withdrawn.”.

(3) After subsection (2) there is inserted—

“(2A) Subject to subsection (3) below, the borough council or Transport for London, as the case may be, may not serve a fresh penalty charge notice after the expiry of the period of 28 days from—

(a) the date of the cancellation of the penalty charge notice; or

(b) in a case falling within subsection (2)(c) above, the date on which the council or body are served with notice under paragraph 7(8)(d) of the said Schedule; or

(c) in a case falling within subsection (2)(d) above, the date on which the council or body received notification that the payment or purported payment had been cancelled or withdrawn.”.

(4) In subsection (4), after paragraph (c), there is inserted “or

(d) the date on which the council or body receives a notification that the payment or purported payment has been cancelled or withdrawn in the circumstances mentioned in subsection (2)(d) above,”.

(5) In subsection (5) for “subsection (1) or (2) above” there is substituted “subsection (1) or (2A) above”.