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Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

We support the thrust and the policies behind the regulations and behind the whole legislation. We support what we hope will be an improvement in road safety and congestion problems, as well as a reduction in carbon emissions that would follow as a result. Therefore, we support the theme and ideas behind the regulations. As many know, I am the leader of a local authority and therefore welcome the local authority part of the regulations and the strength that they give local authorities. However, I have one or two points to raise about natural justice and how the public can appeal. At the end of her statement, the Minister went to some lengths to present the result of the various negotiations and discussions on the regulations in the House of Commons Select Committee and elsewhere, but my understanding is that there is still some unease about how the public might get treated by local authorities. As we have just been told, there is an appeal process, which will be mentioned on the ticket displayed on the car. If motorists are unhappy, they can make an appeal to the public adjudicator, who will consider it; they can then ask the local authority to reconsider, but the local authority is not bound to do that. There could be a problem with natural justice there. The local authority should be bound to reconsider the matter if the adjudicator goes back to it and says that there is a problem. At the moment, as I understand it, the local authority could just ignore that. I do not think that that is right in terms of natural justice. If the adjudicator feels that there is a real problem, the local authority should be bound to reconsider. I hope that the Minister will consider that further because I have received representations that there is a little flaw in the regulations. Apart from that point, I support the whole recommendation.

About this proceeding contribution

Reference

695 c9GC 

Session

2006-07

Chamber / Committee

House of Lords Grand Committee
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