PART 1PRELIMINARY

Citation, commencement and application1

1

These Regulations may be cited as the Civil Enforcement of Parking Contraventions (Representations and Appeals)(Wales) Regulations 2008 and shall come into force on 31st March 2008.

2

These Regulations apply to Wales.

Interpretation2

1

In these Regulations—

  • “the 1984 Act” means the Road Traffic Regulation Act 19842;

  • “the 2004 Act” means the Traffic Management Act 2004;

  • “appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

  • “the Enforcement and Adjudication Regulations” means the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 20083;

  • “the General Provisions Regulations” means the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 20084;

  • “notice of rejection” means a notice served by an enforcement authority rejecting or not accepting representations made to it under regulation 4 or 8;

  • “notice to owner” has the meaning given in paragraph (2);

  • “owner” in relation to a vehicle, includes any person who by virtue of regulation 4 of the General Provisions Regulations, falls to be treated as the owner of the vehicle for the purposes of those Regulations;

  • “penalty charge” means a penalty charge relating to a parking contravention in accordance with regulation 3 of the General Provisions Regulations

  • “penalty charge notice” has the meaning given by regulation 4(1) of the Enforcement and Adjudication Regulations;

  • “procedural impropriety” has the meaning given by regulation 4(5); and

  • “recipient” has the meaning given in paragraph (2).

2

In these Regulations (except regulation 3)—

a

references to a “notice to owner” shall be taken—

i

in a case where a penalty charge notice has been served under regulation 5 of the Enforcement and Adjudication Regulations, as references to a notice to owner as defined by regulation 2(1) of those Regulations;

ii

in a case where a penalty charge notice has been served under regulation 6 of the Enforcement and Adjudication Regulations, as references to that penalty charge notice; and

b

references to “the recipient” in relation to a notice to owner shall be taken as references to the person on whom the notice to owner was served.