The Civil Procedure Rules 1998

Application and interpretation

Rule 1—(1) This Order applies for the recovery of—

(a) increased penalty charges provided for in parking charge certificates issued under paragraph 6 of Schedule 6 to the 1991 Act; and

(b) amounts payable by a person other than an authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act.

(2) In this Order, unless the context otherwise requires—

“authority” means the local authority which served the charge certificate;

“order” means an order made under paragraph 7 of Schedule 6 to the 1991 Act or, as the case may be, under section 73 of that Act;

“the Order” means the Enforcement of Road Traffic Debts Order 1993(2) made under section 78 of the 1991 Act as it applies to a local authority;

“relevant period” means the period of 21 days allowed for serving a statutory declaration by paragraph 8 (1) of Schedule 6 to the 1991 Act or, where a longer period has been allowed pursuant to paragraph 8 (4) of the said Schedule, that period;

“respondent” means the person on whom the charge certificate was served or, as the case may be, the person (other than an authority) by whom the amount due under an adjudication of a parking adjudicator is payable;

“specified debts” means the Part II debts specified in article 2 of the Order;

“statutory declaration” means a declaration in the appropriate form which complies with paragraph 8 (2) of Schedule 6 to the 1991 Act; and

“the 1991 Act” means the Road Traffic Act 1991.

(3) Unless the context otherwise requires, expressions which are used in the 1991 Act have the same meaning in this Order as they have in that Act.

(4) The references in paragraph (2) to a local authority mean—

(a) in England, a London authority, a county or district council or the Council of the Isles of Scilly; and

(b) in Wales, a county or county borough council.

(1)

1991 c. 40.

(2)

S.I. 1993/2073.