The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

Transitional provisions and savings: outstanding penalty charges

35.—(1) Paragraph (2) applies where—

(a) a 2007 GPR charge is outstanding in relation to a vehicle,

(b) a 2022 parking charge is imposed in respect of that vehicle, and

(c) the owner of the vehicle when the 2022 parking charge is imposed was the owner of the vehicle when the outstanding 2007 GPR charge was imposed.

(2) Where this paragraph applies, the outstanding 2007 GPR charge is to be treated for the purposes of regulation 14 of these Regulations as a 2022 penalty charge which is outstanding in relation to the relevant vehicle.

(3) In this regulation—

“2007 GPR charge” means a penalty charge—

(a)

relating to a parking contravention that was committed in a civil enforcement area for such contraventions before the commencement date, and

(b)

which—

(i)

was imposed under the 2007 General Regulations before the commencement date, or

(ii)

is imposed on or after the commencement date under the saved 2007 General Regulations;

“2022 parking charge” means a penalty charge relating to a parking contravention and payable in accordance with regulation 6 of these Regulations.

(4) A 2007 GPR charge is outstanding in relation to a vehicle if the conditions in paragraph (5) or (7) are met in relation to that charge.

(5) The conditions in this paragraph are met in relation to a 2007 GPR charge if—

(a) the charge was outstanding in relation to the vehicle for the purposes of the 2007 General Regulations immediately before the commencement date, and

(b) where the 2007 GPR charge was the subject of a charge certificate served under regulation 21 of the 2007 General Regulations before the commencement date, that charge certificate had not, immediately before the relevant notice is given, been set aside under regulation 23 of the saved 2007 General Regulations.

(6) For the purposes of paragraph (5) “the relevant notice” means the regulation 10 penalty charge notice imposing the 2022 parking charge mentioned in paragraph (1)(b).

(7) The conditions in this paragraph are met in relation to a 2007 GPR charge if the charge has not been paid and the enforcement authority to which the charge is payable has not waived payment by any means, and—

(a) if an enforcement notice has been served under the 2007 General Regulations, or, as the case may be, the saved 2007 General Regulations, in respect of the 2007 GPR charge, the charge is the subject of a charge certificate which—

(i) is served under regulation 21 of the saved 2007 General Regulations on or after the commencement date, and

(ii) has not been set aside in accordance with the regulation 23 of those Regulations;

(b) if no enforcement notice has been served under the 2007 General Regulations, or, as the case may be, the saved 2007 General Regulations, in respect of the 2007 GPR charge—

(i) the charge relates to a vehicle which, when the charge became payable, was not registered under the Vehicle Excise and Registration Act 1994 (“VERA 94”) or was incorrectly registered,

(ii) having taken all reasonable steps, the enforcement authority to which the charge was payable was unable to ascertain the name and address of the keeper of the vehicle and was consequently unable to serve an enforcement notice, and

(iii) the period of 42 days beginning with the date on which the charge became payable has expired.

(8) For the purposes of paragraph (7)—

(a) a vehicle was incorrectly registered if it was registered under VERA 94 but without the inclusion in the registered particulars of the correct name and address of the keeper of the vehicle;

(b) an “enforcement notice” means—

(i) a notice to owner (within the meaning of the 2007 General Regulations, as they had effect immediately before the commencement date), or

(ii) a penalty charge notice (within the meaning of the 2007 General Regulations, as they had effect immediately before that date).

(9) In this regulation “the saved 2007 General Regulations” means the 2007 General Regulations as they continue to have effect by virtue of regulation 34.