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Road Traffic Offences

Volume 470: debated on Friday 25 January 2008

To ask the Secretary of State for Transport what the appeal process is in the event of a disagreement in the application of a traffic regulation order. (180765)

Where traffic regulation orders are subject to civil enforcement by local authorities, a motorist wishing to dispute a penalty charge notice may make formal representations to the relevant local authority. If these are rejected, the motorist may appeal to the independent parking adjudicator. The grounds on which a formal representation and any subsequent appeal can be made include that the “alleged contravention did not occur”. This might be the case if there was a dispute as to whether the traffic regulation order applied to the conduct complained of (for example if there was a question as to when parking restrictions applied under the order).

Where civil enforcement has not been introduced, issues as to the application of a traffic regulation order would need to be raised in the first instance before the magistrates court.