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The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

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This is the original version (as it was originally made).

Regulation 8

SCHEDULEPENALTY CHARGES NOTICES

This schedule has no associated Explanatory Memorandum

Contents of a penalty charge notice served under regulation 9

1.  A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

(a)the date on which the notice is served;

(b)the name of the enforcement authority;

(c)the registration mark of the vehicle involved in the alleged contravention;

(d)the date and the time at which the alleged contravention occurred;

(e)the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

(f)the amount of the penalty charge;

(g)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

(h)that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

(i)the manner in which the penalty charge must be paid; and

(j)that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.

Contents of a regulation 10 penalty charge notice

2.  A regulation 10 penalty charge notice, in addition to the matters required to be included in it by regulation 3(4) of the Representations and Appeals Regulations, must state—

(a)the date of the notice, which must be the date on which it is posted;

(b)the matters specified in paragraphs 1(b), (c), (d), (f) and (i);

(c)the grounds on which the enforcement authority believes that a penalty charge is payable;

(d)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice is served;

(e)that if the penalty charge is paid not later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount;

(f)that if after the last day of the period referred to in subparagraph (d)—

(i)no representations have been made in accordance with regulation 4 of the Representations and Appeals Regulations; and

(ii)the penalty charge has not been paid,

the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased;

(g)the amount of the increased penalty charge; and

(h)that the penalty charge notice is being served by post for whichever of the following reasons applies—

(i)that the penalty charge notice is being served by post on the basis of a record produced by an approved device;

(ii)that it is being so served, because a civil enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person; or

(iii)that it is being so served because a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9.

3.  In paragraph 2 for the purposes of subparagraph (e) the “applicable date” is—

(a)in the case of a penalty charge notice served by virtue of regulation 10(1)(a) (on the basis of a record produced by an approved device), the last day of the period of 21 days beginning with the date on which the notice was served;

(b)in any other case, the last day of the period of 14 days beginning with that date.

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