The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023

Representations against an enforcement notice

10.—(1) The recipient of an enforcement notice may make representations within the payment period to the local authority against the decision to serve that notice on any of the grounds specified in paragraph (4).

(2) Where representations are made under paragraph (1), the recipient of the enforcement notice must include any available evidence relevant to the specified ground relied upon.

(3) The local authority may, if it considers it appropriate to do so, take account of representations made under paragraph (1) which are received by them after the end of the payment period.

(4) The specified grounds are—

(a)that the alleged contravention did not occur,

(b)that the penalty charge exceeds the amount payable in the circumstances of the case,

(c)that the penalty charge—

(i)is payable by a person other than the registered keeper of the relevant vehicle, and

(ii)is instead payable by a person specified in regulation 3,

(d)that the recipient—

(i)never was the registered keeper of the relevant vehicle, or

(ii)became the registered keeper after the alleged contravention occurred,

(e)that at the time that the alleged contravention occurred, the relevant vehicle was in the control of a person who did not have the consent of the registered keeper,

(f)that the conduct in respect of which the penalty charge is imposed is the subject of proceedings or a notice as mentioned in regulation 8(1)(a) to (c),

(g)that the enforcement notice should not have been served because—

(i)the penalty charge has been paid in full, or

(ii)in the circumstances specified in regulation 2(2), the reduced penalty charge has been paid before the end of the period of 14 days specified in that regulation,

(h)that, in the case of an enforcement notice which is served under regulation 5(1)(a), no person prevented an authorised enforcement officer from—

(i)fixing a penalty charge notice to the relevant vehicle, or

(ii)handing such a notice to the person appearing to the officer to be in charge of the relevant vehicle,

(i)that, in the case of an enforcement notice which is served under regulation 5(1)(b), an authorised enforcement officer had not begun to prepare a penalty charge notice when the relevant vehicle was driven away,

(j)that, whether or not any of the grounds specified in paragraph (4)(a) to (i) apply, there are compelling reasons why, in the particular circumstances of the case, the local authority should cancel the penalty charge and refund any sum paid to it on account of the penalty charge.

(5) Where the ground mentioned in paragraph (4)(c) is relied on in any representations made under paragraph (1), those representations must (if the information is known by the recipient) include a statement of the name and address of the person who is considered by the recipient of the penalty charge notice to be responsible for payment of the penalty charge.