(This note is not part of the Regulations)
These Regulations, which apply to Wales, make provision entitling a person who is or may be liable to pay a penalty charge in respect of a parking contravention, or who secures the release of a vehicle from an immobilisation device which has been fixed to it on account of such a contravention, to make representations to the enforcement authority regarding his liability for charges and to appeal to an adjudicator if his representations are not accepted. These Regulations should be read in conjunction with the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008 (S.I.2008/614(W66) (“the General Provisions Regulations”), The Civil Enforcement of Parking Contraventions (Representations and Appeals about Removed Vehicles) (Wales) Regulations 2008 (S.I.2008/615(W67) (“the Removed Vehicles Regulations”) and the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008 (S.I.2008/609) (“the Enforcement and Adjudication Regulations”).
The Traffic Management Act 2004 (“the 2004 Act”) reserved certain aspects of the parking enforcement regime to the Lord Chancellor. Accordingly, these Regulations and the Enforcement and Adjudication Regulations are made by the Lord Chancellor and are thus subject to Parliamentary procedure.
Part 1 contains preliminary provisions.
Part 2 concerns representations and appeals against penalty charge notices and notices to owner given under the General Provisions Regulations and the Enforcement and Adjudication Regulations. Regulation 3 defines the scope of Part 2 and specifies the information to be given to the recipients of penalty charge notices and notices to owner. Regulation 4 confers on the recipient of a notice to owner or penalty charge notice given under regulation 6 of the Enforcement and Adjudication Regulations the right to make representations to the enforcement authority which served it. Regulations 5 and 6 set out the duties of an enforcement authority to which representations are made. Regulation 7 enables a person who has made representations under regulation 4 to appeal to an adjudicator against an enforcement authority’s rejection of his representations.
Part 3 makes equivalent provision to Part 2 for representations and appeals in relation to vehicles which have been immobilised in accordance with the General Provisions Regulations. Regulation 8 confers, on the owner or person in charge of a vehicle who secures its release from an immobilisation device fixed in accordance with the General Provisions Regulations, a right to make representations to the enforcement authority and to appeal to an adjudicator, where those representations are rejected. The enforcement authority is required to inform the person securing the release of the vehicle of his rights in writing. The basis for making representations is specified in regulation 8(4) and (5). Regulation 9 sets out the duties of an enforcement authority to which representations are made and regulation 10 provides for an appeal to be made to an adjudicator where representations under regulation 9 are rejected.
Part 4 relates to offences and procedure. Regulation 11 creates an offence of making false or reckless representations under these Regulations. Regulation 12 introduces the Schedule which makes detailed provision as to the procedure to be followed in adjudication proceedings, the service of documents in such proceedings and the requirements to keep a register. Otherwise the procedure is in the discretion of the adjudicator.
A full Regulatory Impact Assessment and Explanatory Memorandum can be obtained from the Integrated Transport Unit, Transport, Planning and Administration Division, Transport Wales, Welsh Assembly Government, Crown Offices, Cathays Park, Cardiff, CF10 3NQ or on the Welsh Assembly Government website at http://www.assemblywales.org/bus-home/buslegislation/bus/bus-legislation-sub/bus-legislation-sub-annulment.htm