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3. Subject to the provisions of these Regulations a penalty charge is payable with respect to a vehicle where there has been committed in relation to that vehicle a parking contravention within paragraph 4 of Schedule 7 to the 2004 Act in a civil enforcement area in Wales.
4.—(1) Where a parking contravention occurs, the person by whom the penalty charge for the contravention is to be paid, will be determined in accordance with the following provisions of this regulation.
(2) In a case not falling within paragraph (3), the penalty charge is payable by the person who was the owner of the vehicle involved in the contravention at the material time.
(3) Where—
(a) the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement;
(b) the person hiring it had signed a statement of liability acknowledging his or her liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement; and
(c) in response to a notice to owner served on him or her, the owner of the vehicle made representations on the ground specified in regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,
the penalty charge is payable by the person by whom the vehicle was hired and that person will be treated as if he or she were the owner of the vehicle at the material time for the purposes of these Regulations.
(4) In this regulation—
(a) “hiring agreement” (“cytundeb llogi”) and “vehicle-hire firm” (“ffyrm llogi cerbydau”) have the same meanings as in section 66 of the Road Traffic Offenders Act 1988(7); and
(b) “the material time” (“yr adeg berthnasol”) means the time when the contravention giving rise to the penalty charge is said to have occurred.
5. A penalty charge must not be imposed except on the basis of—
(a) a record produced by an approved device; or
(b) information given by a civil enforcement officer as to conduct observed by that officer.
6.—(1) No criminal proceedings may be instituted and no fixed penalty notice may be served in respect of any parking contravention occurring in a civil enforcement area, except a pedestrian crossing contravention.
(2) A penalty charge will not be payable in relation to a pedestrian crossing contravention where—
(a) the conduct constituting the contravention is the subject of criminal proceedings; or
(b) a fixed penalty notice, as defined by section 52 of the Road Traffic Offenders Act 1988(8), has been given in respect of that conduct.
(3) Where, notwithstanding the provisions of paragraph (2)—
(a) a penalty charge has been paid in respect of a pedestrian crossing contravention; and
(b) the circumstances are as mentioned in paragraph (2)(a) or (b),
the enforcement authority must, as soon as reasonably practicable after those circumstances come to its notice, refund the amount of the penalty charge.
7.—(1) Subject to regulation 8, (limitations on the power to immobilise vehicles) where a civil enforcement officer has reason to believe that a vehicle has been permitted to remain at rest in any place in a civil enforcement area in circumstances in which a penalty charge has become payable, he or she or a person acting under his or her direction may fix an immobilisation device to the vehicle while it remains in the place where it was found.
(2) On any occasion when an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device must also fix to the vehicle a notice—
(a) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;
(b) specifying the steps to be taken in order to secure its release; and
(c) warning that unlawful removal of an immobilisation device is an offence.
(3) A notice fixed to a vehicle in accordance with this section must not be removed or interfered with except by or under the authority of—
(a) the owner, or person in charge of the vehicle; or
(b) the enforcement authority.
(4) A person contravening paragraph (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5) Any person who, without being authorised to do so in accordance with these Regulations, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this regulation is guilty of an offence and will be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8.—(1) An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle—
(a) a current disabled person’s badge; or
(b) a current recognised badge.
(2) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(a), the vehicle was not being used—
(a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970(9);
(b) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984(10) (use where a disabled persons' concession would be available),
the person in charge of the vehicle will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(b), the vehicle was not being used—
(a) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970(11);
(b) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (12)(use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
the person in charge of the vehicle will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) An immobilisation device must not be fixed to a vehicle which is in a parking place in respect of a contravention consisting of, or arising out of, a failure—
(a) to pay a parking charge with respect to the vehicle;
(b) properly to display a ticket or parking device; or
(c) to remove the vehicle from a parking place by the end of the period for which the appropriate charge was paid,
until the appropriate period has elapsed since the giving of a penalty charge notice under regulation 5 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication)(Wales) Regulations 2008 in respect of the contravention.
(5) For the purposes of paragraph (4) the appropriate period is—
(a) in the case of a vehicle in respect of which there are 3 or more penalty charges outstanding, 15 minutes;
(b) in any other case 30 minutes.
9.—(1) A vehicle to which an immobilisation device has been fixed in accordance with regulation 7 may only be released from that device by or under the direction of a person authorised by the enforcement authority to give such a direction.
(2) Subject to paragraph (1), such a vehicle must be released from the device on payment in any manner specified in the notice fixed to the vehicle under regulation 7(2) of—
(a) the penalty charge payable in respect of the parking contravention;
(b) such charge in respect of the release as may be required by the enforcement authority.
Section 52 was amended by the Access to Justice Act 1999 (c. 22), paragraph 147, by the Courts Act 2003 (c. 39) Schedule 8, paragraph 314 and by the Statute Law (Repeals) Act 2004 (c. 14), Schedule 1, Part 14. Back [8]
1970 c. 44: in relation to Wales, section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 30, by the Transport Act 1982 (c. 49) section 68, by the Road Traffic Regulation Act 1984 (c. 27), Schedule 13, by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 1, by the Road Traffic Act 1991 (c. 40), section 35(2)-(5), Schedule 8, by the Local Government (Wales) Act 1994, Schedule 10, paragraph 8, Schedule 18, by the Traffic Management Act 2004 section 94(1)-(4) and by the Disability Discrimination Act 2005 (c. 13) Schedule 1, paragraph 41. Back [9]
1984 (c. 27); in relation to Wales section 117(1) was substituted by the Road Traffic Act 1991 section 35(6) and amended by the Disability Discrimination Act 2005, Schedule 1, paragraph 44(1), (2) and by the Traffic Management Act 2004, section 94(5). Back [10]
Section 21A was inserted by the Disability Discrimination Act 2005, section 9. Back [11]
Subsection (1A) was inserted by the Disability Discrimination Act 2005, Schedule 1, paragraph 44. Back [12]
The Civil Enforcement of Parking Contraventions (General Provisions) (Wales) (No. 2) Regulations 2008