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

There are currently no known outstanding effects for The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, Section 20.

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PART 5Enforcement of penalty charges

Notice to owner20.

(1)

Where—

(a)

a penalty charge notice has been given with respect to a vehicle under regulation 9, and

(b)

the period of 28 days specified in the penalty charge notice as the period within which the penalty charge is to be paid has expired without that charge being paid,

the enforcement authority concerned may serve a notice (a “notice to owner”) on the person who appears to it to have been the owner of the vehicle when the alleged contravention occurred.

(2)

A notice to owner may not be served after the expiry of the period of 6 months beginning with the relevant date.

(3)

A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state—

(a)

the date of the notice, which must be the date on which the notice is posted,

(b)

the name of the enforcement authority serving the notice,

(c)

the amount of the penalty charge payable,

(d)

the date on which the penalty charge notice was served,

(e)

the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 believed that a penalty charge was payable with respect to the vehicle,

(f)

that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(2)(a) of the 2022 Appeals Regulations,

(g)

that if, after the payment period has expired, no representations have been made under regulation 5 of the 2022 Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge, and

(h)

the amount of the increased penalty charge.

(4)

For the purposes of this regulation, the relevant date—

(a)

in a case where a notice to owner is deemed to have been cancelled under regulation 23(5)(c), is the date on which the district judge serves notice in accordance with regulation 23(5)(d);

(b)

in a case where a notice to owner has been cancelled under regulation 6 of the 2022 Appeals Regulations (duties of enforcement authority which receives representations against an enforcement notice), is the date on which the notice is cancelled;

(c)

in a case where payment of the penalty charge was made, or had purportedly been made, before the expiry of the period mentioned in paragraph (2) but the payment or purported payment had been cancelled or withdrawn, is the date on which the enforcement authority is notified that the payment or purported payment has been cancelled or withdrawn;

(d)

in any other case, is the date on which the relevant penalty charge notice was served under regulation 9.