Part 75 applies to proceedings for the recovery of –

(1)	increased penalty charges provided for in parking charge certificates issued under paragraph 6 of Schedule 6 to the 1991 Act;

(2)	amounts payable by a person other than an authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act;

(3)	increased penalty charges provided for in a charge certificate issued under paragraph 8 of Schedule 1 to the 1996 Act (relating to a contravention or failure to comply with an order made under a provision referred to in section 4(2) of that Act reserving all or part of a carriageway of a road as a bus lane);

(4)	increased fixed penalties to which regulation 17(6) of the Vehicle Emissions (England) Regulations refer;

(5)	amounts payable by a person other than an authority under an adjudication pursuant to the Schedule to the Road User Charging Regulations;

(6)	increased penalty charges provided for in charge certificates issued under regulation 17 of the Road User Charging Regulations;

(7)	increased fixed penalties to which regulation 17(6) of the Vehicle Emissions (Wales) Regulations refer;

(8)	increased penalty charges provided for in charge certificates issued under regulation 21 of the Civil Enforcement of Parking (England) Regulations;

(9)	increased penalty charges provided for in charge certificates issued under regulation 13 of the Civil Enforcement of Parking (Wales) Regulations;

(10)	amounts payable by a person other than an authority under an adjudication pursuant to the Representations and Appeals (England) Regulations; and

(11)	amounts payable by a person other than an authority under an adjudication pursuant to the Representations and Appeals (Wales) Regulations.

Para 1.2(5) inserted w/e 17 February 2003, Para 1.2(6) inserted w/e 17 February 2003, Sub-paras 1.2(8)--1.2(11) added w/e effect from 6 31 March 2008, Text deleted, substituted and inserted in para 1.2 w/e effect from 31 March 2008.

1.3   

In Part 75 and this practice direction –

(1)	‘authority’ means the authority entitled to recover amounts due under the enactments referred to in paragraph 1.2;

(2)

‘notice of the amount due’ means, as the case may be – (a)   a parking charge certificate issued under paragraph 6 of Schedule 6 to the 1991 Act; (b)   a charge certificate issued under paragraph 8 of Schedule 1 to the 1996 Act; (c)   a fixed penalty notice issued under regulations 10 or 13 of the Vehicle Emissions (England) Regulations; (d)   a charge certificate issued under regulation 17 of the Road User Charging Regulations; (e)   a fixed penalty notice issued under regulations 10 or 13 of the Vehicle Emissions (Wales) Regulations; (f)   a charge certificate issued under regulation 21 of the Civil Enforcement of Parking (England) Regulations; or (g)   a charge certificate issued under regulation 13 of the Civil Enforcement of Parking (Wales) Regulations;

(3)

‘order’ means an order made under – (a)   paragraph 7 of Schedule 6 to the 1991 Act; (b)   paragraph 9 of Schedule 1 to the 1996 Act; (c)   section 73(15) of the 1991 Act; (d)   regulation 21 of the Vehicle Emissions (England) Regulations; (e)   regulation 7 of the Road User Charging Regulations; (f)   regulation 18 of the Road User Charging Regulations; (g)   regulation 21 of the Vehicle Emissions (Wales) Regulations; (h)   regulation 22 of the Civil Enforcement of Parking (England) Regulations; (i)   regulation 14 of the Civil Enforcement of Parking (Wales) Regulations; (j)   regulation 15(3)(a) of the Representations and Appeals (England) Regulations; or (k)   regulation 12(3)(a) of the Representations and Appeals (Wales) Regulations; and

(4)	‘respondent’ means – (a)   the person on whom the notice of the amount due was served; or (b)   the person (other than an authority) by whom the amount due under an adjudication is payable.

The respondent must send to the Centre –

(1)	a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and

(2)	a completed – (a)   statutory declaration in form PE 3; or (b)   witness statement in form TE 9.

(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))

Text in para 5.2(2) and following parenthesis substituted w/e effect from 31 March 2008, Text inserted in para 5.2(1) w/e effect from 31 March 2008.

5.3   

The court will serve a copy of the application notice and a copy of the statutory declaration or witness statement on the authority that obtained the court order seeking representations on the application.

Text inserted in para 5.3 w/e effect from 31 March 2008.

5.4   

A court officer will deal with the application without a hearing. The matter will not be dealt with until at least 14 days after the date on which the application notice and statutory declaration or witness statement were served on the authority.

Text inserted in para 5.4 w/e effect from 31 March 2008.

5.5   

If the proceedings have been transferred to another court the Centre will transfer the application to that court.

Paragraph 5.5 is modified w/e from 30 December 2003. This was announced on the DCA site on 29 December 2003.

5.6   

Paragraphs 5.3 to 5.5 do not apply where the court receives an application notice that is accompanied by a statutory declaration that is invalid by virtue of paragraph 8(2A) of Schedule 6 to the 1991 Act as inserted by section 15 of the 2003 Act.

The court where the hearing is held will serve any orders made as a result of the hearing before returning the papers to the Centre, or, if the proceedings have been transferred, to the court where the proceedings have been transferred.

7.4	Evidence at any hearing may be given orally or by witness statement.