SCHEDULE 2 Section 32

REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OR IMMOBILISATION OF VEHICLES, AND ENFORCEMENT

Persons to whom Schedule applies

1 (1) This Schedule applies to a person (in this Schedule referred to as a "relevant person") who-

(a) pays or causes to be paid a penalty charge to secure the release of a vehicle from an immobilisation device in accordance with section 26 (Immobilisation of vehicles) of this Act;

(b) pays or causes to be paid a penalty charge to recover a vehicle after it has been removed from a road in accordance with section 27 (Removal of vehicles) of this Act;

(c) receives any sum after a vehicle has been sold or destroyed in accordance with section 28 (Disposal of removed vehicles and contents) of this Act; or

(d) is informed that the proceeds of its disposal do not exceed the amount of the penalty charges payable in respect of the vehicle in accordance with section 31 (Claim by the owner of a vehicle after its disposal) of this Act.

(2) In this Schedule "the relevant authority", in relation to the events referred to in sub-paragraphs (a), (b), (c) and (d) above are-

(a) in the case of the said sub-paragraph (a), the authority to whom the penalty charge is paid or is caused to be paid;

(b) in the case of the said sub-paragraph (b), the authority to whom the penalty charge is paid or is caused to be paid;

(c) in the case of the said sub-paragraph (c), the authority from whom the sum is received;

(d) in the case of the said sub-paragraph (d), the authority by whom the information is given.

Right to make representations

2 (1) A relevant person shall, on the happening of an event such as is referred to in sub-paragraph (a), (b), (c) or (d) of paragraph 1(1) above, be informed by notice in writing, by or on behalf of the relevant authority, of his right to make representations under this paragraph and his right of appeal under paragraph 3 below.

(2) A relevant person may make representations in writing to the relevant authority on one or more of the grounds mentioned in sub-paragraph (3) below.

(3) The grounds are-

(a) that in the particular circumstances of the case, the immobilisation, removal or disposal of the vehicle was not authorised by Part 6 (Non-payment of penalty charges) of this Act;

(b) that the penalty charge paid to secure the release or recovery of the vehicle exceeded the amount applicable in the circumstances of the case;

(c) in a case where the vehicle was fitted with an immobilisation device or was removed and penalty charges were outstanding with respect to the vehicle, that-

(i) those penalty charges were all incurred before the person liable in relation to the vehicle at the time of its immobilisation or removal had become the person liable in relation to that vehicle; or

(ii) the number of penalty charges incurred after he had become the person liable was fewer than three; or

(d) that the relevant person is a vehicle-hire firm and-

(i) the vehicle in question was, at the time the device was fitted to it or the vehicle was removed, hired from that firm under a hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge incurred in respect of the vehicle during the currency of the hiring agreement.

(e) that, in respect of an outstanding penalty charge, the person did not receive the penalty charge notice in question (in the case where the outstanding penalty charge arose from a penalty charge notice which was purported to have been served by the London authority);

(f) that, in respect of an outstanding penalty charge, the person did not receive a notice to owner (in the case where the penalty charge arose from a penalty charge notice in respect of which a notice to owner may be served);

(g) that the person made representations to the London authority against the original penalty charge but did not receive a notice of rejection from the London authority;

(h) that the person appealed to a parking adjudicator or a traffic adjudicator against the rejection by the London authority of representations made by him but had no response to the appeal.

(4) A relevant authority may disregard any representations received by them after the end of the period of 28 days beginning with the date on which the relevant person is informed in accordance with sub-paragraph (1) above of his right to make representations.

(5) It shall be the duty of the relevant authority to whom representations are duly made under this paragraph, before the end of the period of 56 days beginning with the day on which they receive the representations-

(a) to consider them and any supporting evidence which the person making them provides; and

(b) to serve on that person a notice of their decision as to whether or not they accept that the ground in question has been established.

(6) Where a relevant authority serve notice under sub-paragraph (5)(b) above that they accept that a ground has been established they shall (when serving that notice or as soon as practicable thereafter) refund any penalty charge or charges-

(a) paid to secure the release of the vehicle from an immobilisation device;

(b) paid to recover the vehicle after it had been removed from a road;

(c) deducted from the proceeds of sale of the vehicle, except to the extent (if any) to which those sums were properly paid or deducted.

(7) Where a relevant authority serve notice under sub-paragraph (5)(b) above that they do not accept that a ground has been established, that notice shall-

(a) inform the relevant person of his right to appeal to an adjudicator under paragraph 3 below;

(b) indicate the nature of the adjudicator's power to award costs against any person appealing to him under that paragraph;

(c) describe in general terms the form and manner in which such an appeal is required to be made; and

(d) provide such other information as the relevant authority consider appropriate.

(8) Where a relevant authority fail to comply with sub-paragraph (5) above before the end of the period of 56 days there mentioned-

(a) they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under sub-paragraph (6) above; and

(b) sub-paragraph (6) above shall have effect as if they required any refund to be made immediately after the end of that period.

(9) Any notice required to be served under this paragraph may be served personally or by post or in such form as is agreed between the relevant authority and the relevant person.

(10) Where the person on whom any document is required to be served by sub-paragraph (5) above is a body corporate, the document is duly served if it is sent by post or in any such form as is agreed to the secretary or clerk to that body.

Right to appeal to an adjudicator

3 (1) Where a relevant authority serve notice under sub-paragraph 2(5)(b) above that they do not accept that a ground on which representations were made under paragraph 2 above has been established, the person making those representations may appeal to an adjudicator against the authority's decision, before-

(a) the end of the period of 28 days beginning with the date of service of the notice; or

(b) such longer period as an adjudicator may allow following consultation with the relevant authority.

(2) An adjudicator may allow a longer period for an appeal under sub-paragraph (1)(b) above whether or not the period specified in sub-paragraph (1)(a) above has already expired.

(3) On an appeal under this paragraph, the adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 2(3) above and, if he concludes-

(a) that any of the representations are justified; and

(b) that the relevant authority would have been under the duty imposed by sub-paragraph 2(6) above to refund any sum if they had served notice that they accepted that the ground in question had been established, he shall direct the authority to make the necessary refund.

(4) It shall be the duty of a relevant authority to whom such a direction is given to comply with it.

Adjudicators

4 (1) Functions of adjudicators under this Schedule shall be discharged by-

(a) the persons who are appointed as parking adjudicators under section 73 of the 1991 Act (until that section is repealed by section 98 of the 2004 Act); and

(b) by the persons appointed under regulations made under section 81 of the 2004 Act (adjudicators) as adjudicators for the purposes of Part 6 of that Act (after section 73 is repealed).

(2) Regulations under section 73(11) of the 1991 Act (provision as to procedure to be followed in relation to proceedings before parking adjudicators) may make provision with respect to proceedings before parking adjudicators when exercising the functions of adjudicators under this Schedule; and any regulations under that subsection in force at the coming into operation of Part 6 (Non-payment of penalty charges) of this Act shall, with any necessary modifications, apply in relation to such proceedings.

(3) The references to a parking adjudicator or parking adjudicators in section 73(13) to (15) and (17) and (18) of the Act of 1991 shall include references to a parking adjudicator or parking adjudicators exercising the functions of adjudicators under this Schedule but section 73(15) of that Act shall not apply to a penalty charge under the said Part 6 which remains payable following an adjudication under this Schedule.

(4) Regulations under section 80 of the 2004 Act (representations and appeals) may make provision in connection with-

(a) appeals under paragraph 3 above as they do in relation to appeals which may be made under those regulations;

(b) adjudicators under this Schedule as they do in relation to adjudicators appointed under section 81 of that Act.

and any regulations under the said section 80 in force at the coming into operation of Part 6 (Non-payment of penalty charges) of this Act shall, with any necessary modifications, apply in relation to such appeals and adjudicators.