Statutory Instrument Appeal
The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999


The local authority gains its legal power from a statutory instrument, given to it by the Goverment.
This particular Instrument is the appeals adjudicators legal document, and contains their legal power to deal with appeals relating to the parking, & traffic contraventions of the regulations. Dont confuse this with a traffic offence or fixed penalty given out by the Police, thet are delt with by magistrates, and are not covered by this appeals proccess.

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NO such thing as a parking offence (PCN)

Under the decriminalised scheme brought in by the Road Traffic Act 1991, when a vehicle is, for example, parked on a yellow line during controlled hours, it is said to be parked ‘in contravention of the regulations’. Thus there are no offences, merely contraventions.

STATUTORY INSTRUMENTS

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1999 No. 1918


ROAD TRAFFIC


The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999

Made 30th June 1999
Laid before Parliament 6th July 1999
Coming into force 27th July 1999

ARRANGEMENT OF REGULATIONS

PART I


Preliminary
1. Citation, commencement and application
2. Interpretation


PART II


Procedure Relating to Appeals
3. Initiating an appeal
4. Action upon receipt of notice of appeal and copy of such notice
5. Further representations
6. Power to require attendance of witnesses
7. Disposing of an appeal without a hearing
8. Notice of time and place of hearing
9. Procedure at a hearing
10. Decisions on appeals
11. Review of adjudicator's decision
12. Costs
13. Consolidation of proceedings
14. Miscellaneous powers of the adjudicator
15. Clerical errors
16. Service of documents
17. Delivery of documents to the proper officer


PART III


References to the adjudicator under paragraph 8(7) of Schedule 6 to the Act
18. Interpretation of Part III
19. Procedure


PART IV


The register
20. The register

Schedule The Scheduled Orders

Explanatory Note

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by section 73(11) and (12) of the Road Traffic Act 1991[1] as applied by the Orders specified in the Schedule hereto, and all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with the requirements of section 8 of the Tribunals and Inquiries Act 1992[2], hereby makes the following Regulations: -


PART I


Preliminary

Citation, commencement and application
1. - (1) These Regulations may be cited as the Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999 and shall come into force on 27th July 1999.

(2) These Regulations apply to the areas designated as special parking areas or permitted parking areas by the Scheduled Orders.

Interpretation
2. - (1) In these Regulations -


"the Act" means the Road Traffic Act 1991 and, in the application of these Regulations in relation to an area, a reference to any provision of the Act is a reference to that provision of the Act as modified and applied to that area by virtue of one of the Scheduled Orders;

"appeal" means an appeal under section 72 of, or paragraph 5 of Schedule 6 to, the Act;

"adjudicator" means a parking adjudicator appointed under section 73 of the Act and authorised to act in relation to an area to which these Regulations apply;

"FAX" means the making of a facsimile copy of a document by the transmission of electronic signals;

"hearing" means an oral hearing;

"proper officer" means a member of the administrative staff provided under section 73 of the Act appointed to perform the duties of the proper officer under these Regulations;

"register" means the register in which appeals and decisions thereon are recorded in accordance with regulation 10(2); and

"the Scheduled Orders" means the Orders -

(a) which were made under Schedule 3 to the Act designating permitted parking areas and special parking areas outside London; and

(b) each of which is specified in column (2) of an item in the table in the Schedule to these Regulations, with its statutory instrument number specified in column (3) of the item and the number of any Order amending it in column (4).


(2) In these Regulations, in relation to an appeal or any process connected with an appeal, -

"appellant" means the person making the appeal;

"disputed decision" means the decision against which an appeal is brought under these Regulations;

"the local authority" means the local authority who made the disputed decision; and

"original representations" means the representations to the local authority under section 71 of, or paragraph 2 of Schedule 6 to, the Act.


PART II


Procedure relating to appeals

Initiating an appeal
3. - (1) An appeal shall be made by delivering a notice of appeal to the proper officer.

(2) A notice of appeal -


(a) must state the name and address of the appellant;

(b) may specify some other address as being the address to which he wishes documents to be sent to him in connection with the appeal;

(c) must state the date and any reference number of the disputed decision and the name of the local authority; and

(d) may include any representations which the appellant desires to make in addition to the original representations.


(3) If the notice of appeal is delivered to the proper officer later than the time limit mentioned in section 72(1) of, or paragraph 5(1) of Schedule 6 to, the Act (as the case may be), the appellant must include in the notice a statement of the reasons on which he relies for justifying the delay, and the adjudicator shall treat any such statement of reasons for delay as a request for extending that time limit.

(4) The appellant or his authorised representative shall sign the notice of appeal.

Action upon receipt of notice of appeal and copy of such notice
4. - (1) Upon receiving a notice of appeal the proper officer shall -

(a) send an acknowledgement of its receipt to the appellant;

(b) enter particulars of it in the register; and

(c) send to the local authority a copy of the notice of appeal and any direction extending the time limit for appealing.


(2) Upon receipt of a copy of a notice of appeal sent under this regulation, the local authority shall within 7 days deliver to the proper officer a copy of -

(a) the original representations;

(b) a copy of the relevant charge notice (if any); and

(c) a copy of the notice served under section 71(6) of, or (as the case may be) paragraph 2(7) of Schedule 6 to, the Act.


Further representations
5. - (1) Any party may deliver representations to the proper officer at any time before an appeal is determined.

(2) The adjudicator may invite a party to deliver to the proper officer representations dealing with any matter relating to an appeal within such time and in such a manner as may be specified.

(3) Where a party fails to respond to an invitation under paragraph (2), the adjudicator may (without prejudice to any other powers he may have) draw such inferences as appear to him proper.

(4) Any representations delivered under this regulation shall be signed by, or by the authorised representative of, the party in question.

(5) Where the appellant delivers representations to the proper officer under this regulation, the proper officer shall send a copy of the representations to the local authority.

(6) Where the local authority delivers representations to the proper officer under this regulation, it shall at the same time send a copy of the representations to the appellant.

(7) This regulation is without prejudice to the powers of an adjudicator under regulation 9.

Power to require attendance of witnesses
6. - (1) The adjudicator may require the attendance of any person (including a party to the proceedings) as a witness, at a time and place specified by him, at the hearing of an appeal and require him to answer any questions or produce any documents in his custody or control which relate to any matter in the proceedings.

(2) Every document containing a requirement under paragraph (1) shall contain a reference to the fact that, under Section 73(14) of the Act any person who without reasonable excuse fails to comply with this requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.

(3) A person in respect of whom a requirement has been made under paragraph (1) may apply to the adjudicator to vary or set aside the requirement.

(4) A person shall not be bound to comply with a requirement under paragraph (1) unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, he has informed the adjudicator that he accepts such notice as he has been given.

(5) A person other than an appellant shall not be bound to comply with the requirement under paragraph (1) unless the necessary expenses of his attendance are paid or tendered to him.

(6) No person shall be required to give any evidence or produce any document under paragraph (1) which he could not be required to give or produce on the trial of an action in a court of law.

Disposing of an appeal without a hearing
7. - (1) Subject to paragraph (2), the adjudicator may dispose of an appeal without a hearing.

(2) The adjudicator shall not dispose of an appeal without a hearing if either party has requested a hearing unless -

(a) the party who made the request withdraws his request before notice of a hearing has been sent to the other party under regulation 8; or

(b) both parties have subsequently consented to the appeal being disposed of without a hearing.


(3) The adjudicator shall not dispose of an appeal without a hearing until after the expiration of 4 weeks beginning on the day an acknowledgement is sent in accordance with regulation 4 unless both parties consent to the disposal taking place on an earlier date.

(4) Notwithstanding anything in paragraphs (2) and (3), if both parties, having been sent a notice of the hearing of an appeal in accordance with regulation 8, fail to attend or be represented at the hearing, the adjudicator may subsequently dispose of the appeal without a hearing.

Notice of time and place of hearing
8. - (1) This regulation shall have effect where a hearing is to be held for the purpose of disposing of an appeal.

(2) The proper officer shall fix the time and place of the hearing and, not less than 21 days before the date so fixed (or such shorter time as the parties agree), send to each party a notice that the hearing is to be at such time and place or notify them in such other manner as he thinks fit.

(3) The adjudicator may alter the time and place of any hearing and the proper officer shall, not less than 7 days before the date the hearing is then to be held (or such shorter time as the parties agree), send to each party notice of the time and place of the hearing as altered or notify them in such other manner as he thinks fit.

(4) This regulation applies to an adjourned hearing but, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.

Procedure at a hearing
9. - (1) At the beginning of the hearing of an appeal the adjudicator shall explain the order of proceeding which he proposes to adopt.

(2) Subject to the provisions of this regulation, the adjudicator shall conduct the hearing of an appeal in such manner as he considers most suitable to the clarification of the issues before him and generally to the just handling of the proceedings; he shall so far as appears to him appropriate seek to avoid formality in the proceedings.

(3) Any hearing of an appeal by the adjudicator shall be in public except where the adjudicator is satisfied that, by reason of exceptional circumstances, it is just and reasonable for the hearing, or part of the hearing, to be in private.

(4) The following persons shall be entitled to attend the hearing of an appeal whether or not it is in private -

(a) any other adjudicator; or

(b) a member of the Council on Tribunals.


(5) The adjudicator, with the consent of the parties, may permit any other person to attend the hearing of an appeal which is held in private.

(6) Without prejudice to any other powers he may have, the adjudicator may exclude from the hearing of an appeal, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the adjudicator, to disrupt the hearing.

(7) At the hearing of an appeal, the appellant may conduct his case himself (with the assistance from any person if he wishes) or may appear and, subject to paragraph (8), be represented by any person whether or not legally qualified.

(8) If in any particular case the adjudicator is satisfied that there are good and sufficient reasons for doing so, he may refuse to permit a particular person to assist or represent the appellant at the hearing.

(9) At the hearing of an appeal -

(a) the parties shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the adjudicator both on the evidence and generally on the subject matter of the appeal; and

(b) the adjudicator may receive evidence of any fact which appears to him to be relevant notwithstanding that such evidence would be inadmissable in proceedings before a court of law.


(10) Without prejudice to regulation 7(4), a party who has been sent a notice of the hearing of an appeal or otherwise notified of the hearing in accordance with regulation 8 fails to attend or be represented at the hearing, the adjudicator may dispose of the appeal in his absence.

Decisions on appeals
10. - (1) Where an appeal is disposed of at a hearing, the decision of the adjudicator may be given orally at the end of the hearing or reserved.

(2) Where an appeal has been disposed of whether at a hearing or otherwise, the decision shall be recorded forthwith in the register with (save in the case of a decision by consent) a statement of the reasons for the decision and the proper officer shall send a copy of the entry to each party.

Review of adjudicator's decision
11. - (1) The adjudicator shall have power, on the application of a party, to review and revoke or vary any decision to dismiss or allow an appeal or any decision as to costs on the grounds (in each case) that -

(a) the decision was wrongly made as the result of an error on the part of his administrative staff;

(b) a party who had failed to appear or be represented at a hearing had good and sufficient reason for his failure to appear;

(c) where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing, the existence of which could not have been reasonably known of or foreseen;

(d) where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not have been reasonably known of or foreseen; or

(e) the interests of justice require such a review.


(2) An adjudicator shall have power, on the application of a party, to review and revoke or vary any interlocutory decision.

(3) An application under this regulation shall be made to the proper officer within 14 days after the date on which the decision was sent to the parties, and must state the grounds in full.

(4) The parties shall have the opportunity to be heard on any application for review under this regulation; and if, having reviewed the decision, the adjudicator directs the decision to be set aside, he shall substitute such decision as he thinks fit or order a re-determination by either the same or a different adjudicator.

(5) Regulation 10 shall apply to a decision under paragraph (1) as it applies to a decision made on the disposal of an appeal.

Costs
12. - (1) The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2), make such an order -

(a) against a party (including an appellant who has withdrawn his appeal or a local authority that has consented to an appeal being allowed) if he is of the opinion that the party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or

(b) against the local authority, where he considers that the disputed decision was wholly unreasonable.


(2) An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.

(3) An order under paragraph (1) shall require the party against whom it is made to pay the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.

Consolidation of proceedings
13. - (1) Where there are pending two or more appeals, then, should it at any time appear to the adjudicator that -

(a) some common question of law or fact arises in both or all the appeals; or

(b) for some other reason it is desirable to make an order under this regulation,


the adjudicator may order that some (as specified in the orders) or all of the appeals shall be considered together and may give such consequential directions as necessary.

(2) An order shall not be made under this regulation unless all parties concerned have been given an opportunity to make representations against the making of such an order.


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Notes:

[1] 1991 c.40.back
[2] 1992 c.53.back

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