Legislation – The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022
SCHEDULE 2Penalty charge notices
Meaning of “regulatory matters”
1.
In this Schedule “the regulatory matters”, in relation to an alleged relevant road traffic contravention, means—
(a)
the name of the enforcement authority,
(b)
the registration mark of the vehicle involved in the alleged contravention,
(c)
the date on and the time at which the alleged contravention occurred,
(d)
the amount of the penalty charge, and
(e)
the manner in which the penalty charge must be paid.
Particulars to be included in a penalty charge notice given under regulation 9
2.
The information to be included in a penalty charge notice served under regulation 9 is—
(a)
the date on which the notice is served,
(b)
the regulatory matters,
(c)
the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,
(d)
that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,
(e)
that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and
(f)
that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), a notice to owner may be served by the enforcement authority on the owner of the vehicle.
Particulars to be included in a regulation 10 penalty charge notice
3.
(1)
The information to be included in a regulation 10 penalty charge notice is—
(a)
the date of the notice, which must be the date on which it is posted,
(b)
the regulatory matters,
(c)
the grounds on which the enforcement authority believes that a penalty charge is payable;
(d)
that the penalty charge must be paid within 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 no 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 sub-paragraph (d)—
(i)
no representations have been made in accordance with regulation 5 of the 2022 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)
on the basis of a record produced by an approved device;
(ii)
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;
(iii)
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.