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50264878

PAUL FISHER IWEGQ’


34 GRANVILLE STREET “
WILLENHALL
WV13 1DN

07/11/2018
Vehicle Registration PWCOM
PCN Reference 1200633913
Date of Incident 25107201?
Site Details METRO INN, BIRMINGHAM FlOAD. WALSALL, W85 GAB

Dear Sir.

Re: Civil Eniorcement Limited v PAUL FISHER


Claim No: E46M43J1
PCN No: 1200633913

Please find allached our Witness Statement, with regards to the above.

The amount claimed is £347.02 (including interest, court‘ and legal fees). however, unless matters are resolved
within the next 7 days. we will be forced to incur further legal costs for preparation. attendance and travel. which
we will seek to recover at the upcoming hearing.

Notwithstanding the above, we are prepared to accept £100 in full and final setllement, if paid within the next 7
clays. If you wish to accept our offer. please email the Legal Team at |egal®ce-service.co.ukproviding your
phone number. and a member of lhe team will return your call to lake the payment.

Yours faithfully,

Legal Team
For and on behaii of
Civil Enforcement Limited
Walsall County and Family Ceurt hearing centre
Bridge House
Bridge Street
Walsall
W51 1J0

FAO:Court Manager I- eemvfifig“.


til. 3‘" " u

Dear Sir,

Re: Civil Enforcement Limited v PAUL FISHER


Claim ND: E4GM4311
PCN No: 1200633913

We refer to the above.

Please find enclosed our Witness Statement, and file accordingly. We confirm that a copy of the
same has been sent to the Defendant.

Yours faithfully,

Legal Team

For and on behalf of

Civil Enforcement Limited


IN THE COUNTY COURT AT WALSALI. CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT LIMITED


Claimant

PAUL FISHER

Defendant

WITNESS STATEMENT OF ASHLEY COHEN

l Ashley Cohen of Civil Enforcement Limited, Horton House, Exchange Flagsl Liverpool, L2 3PF (”the

Claimant"), say as follows:

1. I am duly authorised by the Claimant and make this statement in support of the claim brought

against Paul Fisher ("the Defendant").

2. As set out in the full Particulars of Claim, at all material times the Claimant had the right to
manage the car park METRO INN, BIRMINGHAM ROAD, WALSALL, WSS 3A8 (“the Car Park”).

3. The Claimant uses Automatic Number Plate Recognition ("ANPR") cameras within the Car

Park, which work by capturing images of the text displayed on a vehicle's number plate.

4. The Claimant's ANPR cameras recorded the Defendant's vehicle arriving and leaving the Car
Park at the times set out in the full Particulars of Claim. There are many clear and visible signs
in the Car Park advising drivers of the terms and conditions of use, and drivers are permitted
to park (in said Car Park) in accordance with the terms displayed on the signage. These signs

constitute an offer by the Claimant to enter into a contract with drivers.

Page 1 of 5
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM43J1

The nature of the relationship between the Claimant and the Defendant is contractual. The

car park is private land, and consequently drivers require permission before parking on the

land. The Claimant granted permission by way of making a unilateral offer on their signs which
are displayed in the car parks.

At all material times, there were many signs displayed in the Car Park which explained the
terms and conditions of parking. These signs were clear and visible for all drivers to see, and

the Car Park had sufficient lighting and warnings for the Defendant to have acknowledged the

signs. Please see attached, Exhibit 1 (copy of sign). It is abundantly clear that the contract
terms relating to charges are a core term.

We refer the court to Lord Justice Roch's ratio in Vine v Waltham Forest London Borough

Council [ZOOOI 4 All ER 169 In which he stated that:

"the presence of notices which are posted where they are bound to be seen, for example at the

entrance to a private car park, which are of a type which the car driver would be bound to

have read, will lead to a finding that the car driver had knowledge of and appreciated the
warning".

The Claimant manages car parks authorising drivers to park at the site on a contractual basis,

and the amount sought at the Parking Charge Notice (”PCN") level is a term of contract,

optioned by the Defendant's conduct (as described in previous paragraphs).

Following the Supreme Court Judgement handed down in the matter of ParkingEye Ltd v

Beavls |2015| UKSC 67, it would be erroneous to conclude that the sum claimed must be a

genuine pre-estimation of loss, as the Judgment has established the following:

”... the charge does not contravene the penalty rule, or the Unfair Terms in

Consumer Contracts Regulations 1999.”

10. We submit that the charge does not cause a significant imbalance of the parties’ rights and
obligations arising under the contract. Furthermore, Lord Neuberger and Lord Sumption
asserted the following in the above Supreme Court Judgment:

”Any imbalance in the parties’ rights did not arise 'contrary to the requiremen ts of

goodfaith’, because ParkingEye and the owners had a legitimate interest In inducing

Page 2 of 5
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

Mr Beavis not to averstay in order to efflcien tly manage the car parkfor the benefit

of the generality of users of the retail outlets. ”

11. This Judgment delivers much needed clarity to motorists, landowners and the parking

industry, and is binding upon the Small Claims Court, the High Court and any Independent
Appeals Service.

12. The Unfair Terms in Consumer Contracts Regulations 1999 ("UTCCR") also provides that,
where terms of a contract have not been individually negotiated, as is the case here, there is
a requirement that those terms be fair. However, the assessment of fairness of a term does
not apply to the 'core terms' of the contract including the "... adequacy of the price or

remuneration, as against the goods 0r services supplied in exchange” (Regulation 6(2)).

UTCCR also requires that the contract terms be in plain and intelligible language (Regulation

7).

13. The Defendant parked her vehicle, registration P77COM (”the Vehicle"), in the Car Park on
25/07/2017, and failed to obtain a permit. The Defendant arrived at 13:19 and departed at

14:37 (total duration of stay 1 hour and 18 minutes), which is further confirmed by the

photographs captured by our ANPR cameras, 3 copy of which has been attached (Exhibit 2).

Please find attached a copy of the Report of the vehicles registered for the day in question, as

a proof that the Defendant failed to register in order to obtain a permit (Exhibit 3).

14. There were many clear, and visible signs in the Car Park, as can be seen from the site plan and
attached photographs of signs in the Car Park (Exhibit 4). which state the following:

”Permit holders only. All visitors must registerfor a permit on a touch screen inside reception

- If you breach any of the above terms you will be charged £100. These terms apply at all

times. Additional costs/recovery charges will be incurred ifpayment is not received within 28

days.”

15. The Claimant sent the Defendant a PCN requesting payment on 27/07/2017 (Exhibit 5), and
a Reminder on 01/09/2017 (Exhibit 6), however, no response was received. As a result of the
Defendant's non-payment of the debt, the Claimant (directly/through its agents) was left with
no alternative but to escalate the matter. This further increased the amount owed, in
accordance with the terms of parking (please see Exhibit 1), which state:

”Additional costs/recovery charges will be incurred if payment is not received within 28 days”.

Page 3 of 5
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

16. The PCN (Notice to Keeper) was issued under Schedule 4 of Protection of Freedoms Act

("POFA”) 2012 (Exhibit 5), contrary to the Defendant's assertions in his Defence. In

accordance with Schedule 4.4(1), the creditor (Civil Enforcement Ltd), has the right to recover

any unpaid parking charges from the keeper of the Vehicle (the Defendant), as long as the

conditions set out in Schedule 4.9 of POFA (which deals specifically with notices sent by post

after the date of violation to the registered keeper, as is the case here) are met.

17. The Defendant was informed in the PCN that the driver's name and address was not known,

and he was invited to provide us with the name and current address of the driver within 28
days (Sch.4 S.9(2)(e)). The Defendant was also informed that failure to do so would result in

her being held liable, as the registered keeper of the Vehicle, in accordance with (Sch.4

S.9(2)(f1). As the PCN was sent to the Defendant on 27/07/2017 and was, therefore, served

within 14 days of the violation (as per Sch.4 59(5)), and the Defendant failed to

respond/inform us of who the driver was, he became liable for the sum awed as the registered

keeper of the Vehicle.

18. Regarding Defendant's statement that the signage was deficient, please note that the signage
is placed at around 7 feet off the ground in order to deter vandalism, damage or injury, while

remaining easily legible. We also refer to the following statement made by the British Parking

Association, which advises all motorists:

”Regardless of whether they park in private car parks, Council car parks or on—street, motorists

should always park properly and always check any signage displayed to make sure they know

and understand the rules that apply. This is especially so if they are visiting for the first time -

in order to acquaint themselves with the prevailing Terms & Conditions for parking."

Drivers have an obligation to check for signage when parking on private land — the signs do
not need to be placed directly in the position where they parked, they simply must be placed

throughout the site so that drivers are given the chance to read them (BPA Code of Practice,

18.3).

19. Please be advised that we can provide a copy of the contract in a hearing, as this is strictly

confidential between parties.

Page 4 of5
IN THE COUNTY COURT AT WALSALL CLAIM N0: E4GM43J1

20. The address in our system, 210 WDLVERHAMPTON ROAD, PELSALL, WALSALL. W53 4AQ
was provided to the Claimant by the DVLA on 25/07/2017. The Defendant confirmed his

correspondence with the ZZPS (Debt Recovery company, instructed by us). The Debt

Recovery com pany sent all of their previous correspondence to the same address provided

to us by the DVLA 25/07/2017, as a proof please find attached a copy ofthe first letter sent
to the Defendant on 24/10/2017 {Exhibit 7).

21. A Notice to Keeper (Parking Charge) was sent by the Claimant on 27/07/2017 (Exhibit 5},

despite Defendant's assertion that the Claimant sent the first letter 105 days after the

alleged incident. The Defendant failed to contact Civil Enforcement in order to ask for any

photographic evidence (Evidence Pack].

22. The Claimant has been compelled to incur unnecessary legal costs in pursuing this debt and

we request an order for costs, in accordance with the Civil Procedure Rules, to be awarded
in favour of the Claimant.

Statement of Truth

[believe that the facts stated in this Witness Statement are true.

SIGNED:
75d...
ASHLEY COHEN

DATED: 07/11/2018

Page 5 off!
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT LIMITED

Claimant
V

PAUL FISHER

QM

WITNESS STATEMENT OF ASHLEY COHEN - EXHIBIT 1


ALI. VISITORSMUST REGISTER son A PERMIT on
A mucuscneeu meme necee'rlou
ii “111 hunch .my 111 [he {ihtwo terms you Will he (2thng £100.

Thusn lurms .Ipply at all limes

.Atltiilicyial cesis'rmzim'w Charges; Will be incurred


if payment 1:3 HUI FI."tTl'.’l‘."t3d within 28 (lays.

We 11:30 manuai pnimls .mii ANPR cciriiei'as; 10 monitor this


mimic Immum 5.11.) 111.1,,- ctiniacl the DVLA 111 request the Registered
K....£..~, 3 del.iris 11: order [0 mend :1 Parkii'iti (Zharqe Notice (PCN).

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IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT llMlTED

Claimant
V

PAUL FISHER

Defendant

WITNESS STATEMENT OF ASHLEY COHEN - EXHIBIT 2


PCN:1200633913
Vehicle RegistrationzP'lTCOM
Date of Vialation:25i07i2017
SIte:METRO INN, BIRMINGHAM ROAD. WALSALL, WS5 3A3

Duration of Stay:0‘t:18

25100201? 1134;191:119

25/07/2017 13:19:09 ' _'


_25l07f2017 14:37:39
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT LIMITED

Claimant
V

PAUL FISHER

WITNESS STATEMENT OF ASHLEY COHEN - EXHIBIT 3


Report of the Vehicles Registered at METRO INN, BIRMINGHAM ROAD, WALSALL, W55 3A8

913 25/07/2017 09:41


913 25/07/2017 09:42
913 25/07/2017 10:00
913 25/07/2017 10:00
913 25/07/2017 10:00
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913 25/07/2017 12:58
913 25/07/2017 12:59
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT LIMITED

ML!“
V

PAUL FISHER

Defendant

WITNESS STATEMENT OF ASHLEY COHEN - EXHIBIT 4


exemption cp -
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IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT LIMITED

Qeima—nt
V

PAUL FISHER

Defendant

WITNESS STATEMENT OF ASHLEY COHEN - EXHIBIT 5


PARKING CHARGE
In WALSALL, W85 3AB
NOTICE (PCN)
F P770011

Jpwwwwww
PAUL FISHER MAKE: FORD
210 WOLVERHAMPTON ROAD FIESTA ZETEC T00) 70
PELSALL
WALSALL WH‘TE
wsa 4A0
izoossam
(

0n 25 July 2017 the above vehicle which was parked at:


r METRO INN. BlRMlNGHAM ROAD. WALSALL. WS5 BAB
From: 25l07/2017 13:19:09 To: 2510772017 14:37:39
We therefore require payment of this Parking Charge Notice. in accordance
with the parking terms and conditions ciearly stated on the signage:
Authorised vehicles only
Amount due within 28 days: £100
Reduced amount if paid within 14 days: £60

FAILURE TO PAY THE AMOUNT DUE WITHIN 28 DAYS OF THE ISSUE DATE MAY RESULT
IN CIVIL ENFORCEMENT LTD (THE CREDITORlFORWARDING YOUR ACCOUNT TO A DEBT
RECOVERY AGENCY AND YOU MAY INCUR ADDITIONAL COSTS.
El By web Payment can be made online with a debit or credit card at www.ce-servlce.ca.uk
Send a cheque made payable to Civll Enforcement to:
HOW TO PAY fl 35' past Civil Enforcement. Horton House, Exchange Flags, Liverpool. L2 3PF
r B By phone Payment can be made by debit or credit card by telephoning 0115 822 5020

This Notice is issued under Schedule 4ofthe Protection of Freedoms Act 201 2. You can appeal in writing only .:by e-rnall or post) within 23 days to the above address.
You must include your PCN number an anyconespondence and Include all relevant supporting evidence to assist with your case. tryour appeal to us is unsuccessful
[and the 9311an incident took place in England or Wates). we will send you the contact details for Parklnrg on Private Land Appeats (POM) who lfyou wish will
determineyour appeal Independently. tlyou use the POPLA Service. and your appeal Is unsuccessful. the fult Pa rklng Charge will apply and you will no longerhe able
A.- to pay at the reduced rate. Please be advised that POPLA wiil net :1: nsider appeals that have not been sent to us first.
________________________________________________________________________________________________________________________

PAYMENT SLIP
VEHICLE REGESTRATION N0;
PYYCOM
ADDRESS: pm N0:
......... 1200633913
PCN ISSUE DATE:
u

27107/2017
Plus! 11de tllls 1!thde and rttum It with your trit‘l'ou should write the P0! number on the rmru ul deWAeJhe reasonable uuse for obtaining youldmlls ham the W0. is In ambit the miiedion of
fenteu may it the Information Commissioner an urflie [Wu tlyw believe urclata has been used In: mpflalrl . a hate photograph: evidence of this inddent. It is the drivers mpensibllityto 1111c parting
an In respects the perlodafpattlngand the rhng d1: a have not hm an In tuiti'lu (tedrtoi does no tnowbo Pith! name otthedrherand thecumntaddm fnrservlutariiie dlivel'. We time a inrltewu to
pay euri idpartin durgt: urllyau werenol a ditverut evelilde tn notify us mile name nflhe drlwrmda errnntaddress lurmlorthednverand tn sstlle nutltetn I’l'il duvet lfyou area velildehilt meany
Indthe lie id! wash amt the “math: parkln ton): late please 1: us lmaw and ravltle a tuwaftht litre agmemenland a tug)! ulthl statement at It! blll sigma bythe hlrer undtl that agreement. lfaflera period
oltli ill beginning with the dayaitertl-aton 111111 this :1th Is Mn,ll1umuuntu tile l.il'i Id pitting changes has not been pal In fill, and we still do not know bath th: name D‘l'th! dnnrand lhunrrlnladdress tar
smite rifle 0111210111! in the use of: vehicle hire tam nywe nut rlttlted copies 0 the ataflmenttaned dommmts], m will hm the right to mmrhom you go mad: of that amount as nmains unpali [MI
Lnloimnent Ltd. Email: ohmmmamuk Company glsmtlon Number 05645677. Reghtmd in Enghnd. Registered Office as abate.
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT LIMITED


m
v

(as PAUL nseeu

WITNESS STATEMENT OF ASHLEY COHEN - EXHIBIT 6


PARKING CHARGE NOTICE
Reminder

1
PAULFlSHER
m J
210 WOLVERHAMPTON ROAD m “ESTA ZETEC “30' 79
WALSALL WHITE J
was 4A0 1200533913 )
m 200712017 1

r... The Issue Date of this Final Reminder is 01 /09/201 7


The Parking Charge detailed above has not been paid. It is now too late to pay at the lower rate.
The total amount now due is E100

Failure to pay the full amount within fourteen days of this Notice may result in us
proceeding with debt recovery action and/or issuing court proceedings against you.
Additional costs may be incurred
YOUR ABILITY TO OBTAIN CREDIT IN THE FUTURE COULD BE AFFECTED

Methods of payment
B By Web Payment can be made online with a credit or debit card at www.ce-service.co.uk
B By Post Send a cheque made payable to CIVIL ENFORCEMENHOredM/o:
Civil Enforcement Ltd. Horton House. Exchange Flags. Liverpool. L2 3PF
‘33 By Phone Payment can be made by debit or credit card by telephoning 0115 822 5020

Representations: In writing only (by electronic mail or post) within 20 days at the PCN issue date. to the address shown
above, stating the PCN number. Our full appeals process can be found at www.ce-service.co.uk

_____=3:-
PAYMENT SLIP
VEHICLE REGISTRATION NO:
FROM: .......................................................
P77COM
ADDRESS: ................................................

................................................................... 1200633913
................................................................... PCN [SSUE DATE:
2770712017
Pins! detach this paymentslip and mum Ii wnh your payment. You should write the PCN numbet 1111 the raters: aiyourcheque. The reasonable muse for obtaining your delays from the W is Iomhie thetulltt'laon oi
lees'fuu may notify the information (emmlsfluner Indior the DVLA 1! you believe your data has been used Inappmpriateiy. in England andWaiex, ityau make an awn! to us which we reject. we will send you |le tomm
detalis lo! Parting on Pttnta land lwuls [FOPUI - the Independent hppeals Smite. liyau use the POM Smite, and your Appeai ls ummsfut the full Parilnq than]: will 3pm and you vnil nut be abie to pay at the
reduced rill. it is the 11mm rrspousmllity to pay this Pill. llyou m the not the Enwryw may payihis PCN at pram: uswntithe name and turrent ad cites; in: 1mm afthe dnwrand pass on this Kit to the dmqu'yau
are a Kittie Mr! mmplnfand the vchkie was him! nut tithe time the parting toot. plus, please It! us know and provides topyulthe hire agreementarid a (opy althe statement at labll'ny signed by the lilmtmdertlm
wmmtmmmmmmmwnmm hingimncgtmrednfinasabme
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311

BETWEEN

CIVIL ENFORCEMENT LIMITED


m
V

W PAUI. FISHER

m;

WITNESS STATEMENT OF ASHLEY COHEN - EXHIBIT 7

Wk
ZZPS LIMITED
MAY COURT
LINKS BUSINESS CENTRE . . , ' - ' '
OLD WOKING ROAD " , u '7 r (”I
WOKING - ' " ; ,
SURREY ‘31-: H
GU22 BBF w ‘ “A m m
E: W W: W T: 1441932 913916

0991U1UL35128000T45
PAUL FISHER
210 WOLVERHAMPTON ROAD Office Opening Times
PELSALL
WALSALL Monday - Friday I 3:30am - 5:30pm
W53 4AQ

Date: 24 October 2017


l’- FAO: PAUL FISHER
Please quote reference: 105639413
Our Client: CIVIL ENFORCEMENT LTD
Parking Charge Notice (“PCN") Number: 1200633913
Vehicle: P77COM FORD
Parking Charge (“Charge"): £140.00
Administration Fees: £60.00
Location: METRO INN, BIRMING HAM ROAD, WALSALL, W55 3A8
Issue Date: 25/07/2017
Parking Event: Authorised vehicles only

Your unpaid PCN has been passed to us to resolve.

The balance owed is £200 and now includes late payment and debt recovery charges.

What you should do next

0 Pay
0 Contact us
* Telephone: 01932 918916
1‘ Email: customerservices@zzgs.co.uk
* Write: Address as at the head of this letter
a Seek advice (details of how and where are contained overleaf)

Please do not ignore this letter; we are here to help you resolve this PCN.

For your information, a recent Supreme Court ruling (ParkingEye —v- Beavis) has confirmed that a Parking
Charge issued on private land is enforceable and the Parking Charge does not breach the Unfair Terms in
Consumer Contracts Regulations 1999.

We are instructed to continue to pursue the matter in the absence of any contact from you.

Yours sincerely

Customer services
Customer Services
ZZPS Limited

Ban” , _ C ZIPS lelted, regtstered In England a Warm numbered 07545404. var No. 133 2537 35
__ 1'“: ' _ x Registered Ofltca: 71-75 Shelton Street Coven: Garden London WCZ‘H 9J0
—u-nm mun...
ZZP01_1_L35128_241017M|000?45\1169\10f2\
How to Pay

Online/lnternet Banking
Pay using your own online banking system or visit www.zz s.co.uk/home/m -zz s

Pay securely online by credit or debit card‘

By Telephone
You can arrange to pay by Debit or credit card‘, by calling 01932 918916.
' A charge may be incurred for use of a credit or debit card.

At any Bank
By Cash, Cheque or Postal Order; fill in a bank paying slip and make your payments at your local
branch of any bank.

Account Number: 13656497 Sort Code: 20-00-00

Please quote the reference on the reverse of your payment, which can be found on the front of
this letter. You must allow five working days for the payment to reach us.

By Bank Standing Order


By arrangement only, you can pay a fixed amount each month by calling the number on the front
of this letter.

By Post
You should send your Cheque/Postal Order, made payable to ZZPS Ltd, to the correspondence
address shown overleaf and quote Reference on the reverse of your payment, found on the front
of this letter. 00 not send cash, unless it is by Recorded Delivery mail.

For Free confidential debt advice, you can contact:

For advice and information on debt and other topics. visit your local Citizens Advice
Citizens Advice: Bureau (address in the phone book) or go to www.adviceguide.gov.uk (England and
Wales), www.cas.gov.uk (Scotland) or www.citizensadvice.co.uk (Northern Ireland).

If you live in England. Wales or Scotland phone 0808 808 4000 or go to


National Debtlt‘ne: www.nationaldebtline.co.uk for debt advice and information.

Advice4Dethl: If you live in Northern Ireland phone 0800 917 4607 or visit www.advice4debtni.com

If you live in Scotland, phone 0141 572 0237 or visit www.moneyadvtcescotland.org.uk


Money Advice Scotland: to find contact details for debt advice in your local council area.

StepChange: For debt advice throughout the UK phone 0800 138 1111 or visit www.stegchange.org

Pay Plan: For debt advice throughout the UK, phone 0800 2802816 or visit www.gayglan.com

uPu1_1_L35123_241017_M\o00745\1490\2of2\
136 Protection of Frccdmns Act 2012 (c. 9)
Schedule 3 — Corresponding rude nfpmctice for Welsh devolved powers ufentry

Interpretation

6 In this Schedule —
“the devolved powers of entry code" has the meaning given by
paragraph 3(10),
“power of entry” and “associated power” have the meaning given by
section 46.

SCHEDULE 4 Section 56
RECOVERY OF UNPAID PARKING CHARGES
Introductory

1 (1) This Schedule applies where—


(a) the driver of a vehicle is required by virtue of a relevant obligation to
pay parking charges in respect of the parking of the vehicle on
relevant land; and
(b) those charges have not been paid in full.
(2) It is immaterial for the purposes of this Schedule whether or not the vehicle
was permitted to be parked (or to remain parked) on the land.
2 (1) [n this Schedule—
"the appropriate national authority“ means—
(a) in relation to relevant land in England, the Secretary of State;
and
(b) in relation to relevant land in Wales, the Welsh Ministers;
“the creditor“ means a person who is for the time being entitled to
recover unpaid parking charges from the driver of the vehicle;
"current address for service" means—
(a) in the case of the keeper, an address which is either—
(i) an address at which documents relating to civil
proceedings could properly be served on the person
concerned under Civil Procedure Rules; or
(ii) the keeper‘s registered address (if there is one); or
(b) in the case of the driver, an address at which the driver for the
time being resides or can conveniently be contacted;
“driver" includes, where more than one person is engaged in the
driving of the vehicle, any person so engaged;
“keeper" means the person by whom the vehicle is kept at the time the
vehicle was parked, which in the case of a registered vehicle is to be
presumed, unless the contrary is proved, to be the registered keeper;
“notice to driver" means a notice given in accordance with paragraph 7;
“notice to keeper“ means a notice given in accordance with paragraph
8 or 9 (as the case may be);
"parking charge“—
(a) in the case of a relevant obligation arising under the terms of
a relevant contract, means a sum in the nature of a fee or
charge, and
Protection of Freedoms Act 2012 (c. 9) 1 37
Schedule 4 - Recovery ofunpuid parking charges

(b) in the case of a relevant obligation arising as a result of a


trespass or other tort, means a sum in the nature of damages,
however the sum in question is described;
“registered address" means, in relation to the keeper of a registered
vehicle, the address described in paragraph 11 (3)(b) (as provided by
the Secretary of State in response to the application for the keeper‘s
details required by paragraph 1‘1);
“registered keeper", in relation to a registered vehicle, means the
person in whose name the vehicle is registered;
“registered vehicle" means a vehicle which is for the time being
registered under the Vehicle Excise and Registration Act 1994;
“relevant contract” means a contract (including a contract arising only
when the vehicle was parked on the relevant land) between the
driver and a person who is—
(a) the owner or occupier of the land; or
(b) authorised, under or by virtue of arrangements made by the
owner or occu pier of the land, to enter into a contract with the
driver requiring the payment of parking charges in respect of
the parking of the vehicle on the land;
"relevant land“ has the meaning given by paragraph 3;
“relevant obligation" means —
(a) an obligation arising under the terms of a relevant contract;
or
(b) an obligation arising, in any circumstances where there is no
relevant contract, as a result of a trespass or other tort
committed by parking the vehicle on the relevant land;
“vehicle“ means a mechanically—propelled vehicle or a vehicle designed
or adapted for towing by a mechanically-propelled vehicle.
(2) The reference in the definition of “parking charge" to a sum in the nature of
damages is to a sum of which adequate notice was given to drivers of
vehicles (when the vehicle was parked on the relevant land).
(3) For the purposes of sub-paragraph (2) “adequate notice" means notice given
by —
(a) the display of one or more notices in accordance with any applicable
requirements prescribed in regulations under paragraph 12 for. or
for purposes including, the purposes of sub-paragraph (2); or
(b) where no such requirements apply, the display of one or more
notices which —
(i) specify the sum as the charge for unauthorised parking; and
(ii) are adequate to bring the Charge to the notice of drivers who
park vehicles on the relevant land.
3 (1) In this Schedule “relevant land“ means any land (including land above or
below ground level) other than—
(a) a highway maintainable at the public expense (within the meaning
of section 329(1) of the Highways Act 1980);
(b) a parking place which is provided or controlled by a traffic authority;
(c) any land (not falling within paragraph (a) or (b)) on which the
parking of a vehicle is subject to statutory control.
(2) In sub-paragraph (1)(b) —
138 Protection offreedmns Act 2012 (c. 9)
Schedule 4 — Recovery of unpaid parking charges

“parking place“ has the meaning given by section 32(4)(b) of the Road
Traffic Regulation Act 1984;
“traffic authority" means each of the following—
(a) the Secretary of State;
(b) the Welsh Ministers;
(c) Transport for London;
(d) the Common Council of the City of London;
(e) the council of a county, county borough, London borough or
district;
(f) a parish or community council;
(g) the Council of the Isles of Scilly.
(3) For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is
“subject to statutory control" if any statutory provision imposes a liability
(whether criminal or civil, and whether in the form of a fee or charge or a
penalty of any kind) in respect of the parking on that land of vehicles
generally or of vehicles of a description that includes the vehicle in question.
(4) 1n sub-paragraph (3) “statutory provision" means any provision (apart from
this Schedule) contained in —
(a) any Act (including a local or private Act), whenever passed; or
(b) any subordinate legislation, whenever made,
and for this purpose “subordinate legislation” means an Order in Council or
any order, regulations, byelaws or other legislative instrument.

Right to claim unpaid parking charges from keeper of vehicle

4 (1) The creditor has the right to recover any unpaid parking charges from the
keeper of the vehicle.
(2) The right under this paragraph applies only if —
(a) the conditions specified in paragraphs 5, 6, 11 and 12 (so far as
applicable) are met; and
(b) the vehicle was not a stolen vehicle at the beginning of the period of
parking to which the unpaid parking charges relate.
(3) For the purposes of the condition in sub—paragraph (2)(b), the vehicle is to be
presumed not to be a stolen vehicle at the material time, unless the contrary
is proved.
(4) The right under this paragraph may only be exercised after the end of the
period of 28 days beginning with the day on which the notice to keeper is
given.
(5) The maximum sum which may be recovered from the keeper by virtue of the
right conferred by this paragraph is the amount specified in the notice to
keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any
payments towards the unpaid parking charges which are received after the
time so specified).
(6) Nothing in this paragraph affects any other remedy the creditor may have
against the keeper of the vehicle or any other person in respect of any unpaid
parking charges (but this is not to be read as permitting double recovery).
Protection anrmioms Act 2012 (c. 9) 139
Schedule 4 — Recovery of unpaid parking charges

(7) The right under this paragraph is subject to paragraph 13 (which provides
for the right not to apply in certain circumstances in the case of a hire
vehicle).

Conditions that must be mctfor purposes ofpamgmplt 4

5 (1) The first condition is that the creditor—


(a) has the right to enforce against the driver of the vehicle the
requirement to pay the unpaid parking charges; but
(b) is unable to take steps to enforce that requirement against the driver
because the creditor does not know both the name of the driver and
a current address for service for the driver.
(2) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the
period of 28 days beginning with the day on which the notice to keeper is
given) the creditor begins proceedings to recover the unpaid parking
charges from the keeper.
6 (1) The second condition is that the creditor (or a person acting for or on behalf
of the creditor) —
(a) has given a notice to driver in accordance with paragraph 7, followed
by a notice to keeper in accordance with paragraph 8; or
(b) has given a notice to keeper in accordance with paragraph 9.
(2) If a notice to driver has been given, any subsequent notice to keeper must be
given in accordance with paragraph 8.
7 (1) A notice which is to be relied on as a notice to driver for the purposes of
paragraph 6(1)(a) is given in accordance with this paragraph if the following
requirements are met.
(2) The notice must—
(a) specify the vehicle, the relevant land on which it was parked and the
period of parking to which the notice relates;
(b) inform the driver of the requirement to pay parking charges in
respect of the specified period of parking and describe those charges,
the circumstances in which the requirement arose (including the
means by which it was brought to the attention of drivers) and the
other facts that made those charges payable:
(c) inform the driver that the parking charges relating to the specified
period of parking have not been paid in full and specify the total
amount of the unpaid parking charges relating to that period, as at a
time which is—
(i) specified in the notice; and
(ii) no later than the time specified under paragraph (f);
(d) inform the driver of any discount offered for prompt payment and
the arrangements for the resolution of disputes or complaints that
are available;
(e) identify the creditor and specify how and to whom payment may be
made;
(f) specify the time when the notice is given and the date.
(3) The notice must relate only to a single period of parking specified under sub-
paragraph (2)(a) (but this does not prevent the giving of separate notices
each specifying different parts of a single period of parking).
140 Protection of Frecdoms Act 2012 (c. 9)
Schedule 4 - Recovery of unpaid parking charges

(4) The notice must be given—


(a) before the vehicle is removed from the relevant land after the end of
the period of parking to which the notice relates, and
(b) while the vehicle is stationary,
by affixing it to the vehicle or by handing it to a person appearing to be in
charge of the vehicle.
(5) ln sub-parag'raph (2)(d) the reference to arrangements for the resolution of
disputes or complaints includes—
(a) any procedures offered by the creditor for dealing informally with
representations by the driver about the notice or any matter
contained in it; and
(b) any arrangements under which disputes or complaints (however
described) may be referred by the driver to independent
adjudication or arbitration.
(1) A notice which is to be relied on as a notice to keeper for the purposes of
paragraph 6(1)(a) is given in accordance with this paragraph if the following
requirements are met.
(2) The notice must -
(a) specify the vehicle, the relevant land on which it was parked and the
period of parking to which the notice relates;
(b) inform the keeper that the driver is required to pay parking charges
in respect of the specified period of parking and that the parking
charges have not been paid in full;
(c) state that a notice to driver relating to the specified period of parking
has been given and repeat the information in that notice as required
by paragraph 7(2)(b), (c) and (f);
(d) if the unpaid parking charges specified in that notice to driver as
required by paragraph 7(2)(c) have been paid in part, specify the
amount that remains unpaid, as at a time which is—
(i) specified in the notice to keeper, and
(ii) no later than the end of the day before the day on which the
notice is either sent by post or, as the case may be, handed to
or left at a current address for service for the keeper (see sub-
paragraph (4));
(e) state that the creditor does not know both the name of the driver and
a current address for service for the driver and invite the keeper—
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the
creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
(f) warn the keeper that if. at the end of the period of 28 days beginning
with the day after that on which the notice to keeper is given —
(i) the amount of the unpaid parking charges (as specified under
paragraph (c) or (d)) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule
are met) have the right to recover from the keeper so much of that
amount as remains unpaid;
l’rotcctinn 0f Freedoms Act 2012 (cl 9) 141
Schedule 4 - Recovery qunpniri parking charges

(g) inform the keeper of any discount offered for prompt payment and
the arrangements for the resolution of disputes or complaints that
are available;
(h) identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i) specify the date on which the notice is sent (if it is sent by post) or
given (in any other case).
(3) The notice must relate only to a single period of parking specified under sub—
paragraph (2)(a) (but this does not prevent the giving of separate notices
which each specify different parts of a single period of parking).
(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service
for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so
that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28
days following the period of 28 days beginning with the day after that on
which the notice to driver was given.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to
have been delivered (and so “given" for the purposes of sub-paragraph (4))
on the second working day after the day on which it is posted; and for this
purpose “working day“ means any day other than a Saturday, Sunday or a
public holiday in England and Wales.
(7) When the notice is given it must be accompanied by any evidence prescribed
under paragraph 10.
(8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of
disputes or complaints includes—
(a) any procedures offered by the creditor for dealing informally with
representations by the keeper about the notice or any matter
contained in it; and
(b) any arrangements under which disputes or complaints (however
described) may be referred by the keeper to independent
adjudication or arbitration.
9 ('1) A notice which is to be relied on as a notice to keeper for the purposes of
paragraph 6(1)(b) is given in accordance with this paragraph if the following
requirements are met.
(2) The notice must—
(a) specify the vehicle, the relevant land on which it was parked and the
period of parking to which the notice relates;
(b) inform the keeper that the driver is required to pay parking charges
in respect of the specified period of parking and that the parking
charges have not been paid in full;
(c) describe the parking charges due from the driver as at the end of that
period, the circumstances in which the requirement to pay them
arose (including the means by which the requirement was brought to
the attention of drivers) and the other facts that made them payable;
(d) specify the total amount of those parking charges that are unpaid, as
at a time which is—
142 Protection ofFreedums Ac! 2012 (c. 9)
Schedule 4 - Recovery ofunpm‘d parking charges

(i) specified in the notice; and


(ii) no later than the end of the day before the day on which the
notice is either sent by post or, as the case may be, handed to
or left at a current address for service for the keeper (see sub-
paragraph (4));
(e) state that the creditor does not know both the name of the driver and
a current address for service for the driver and invite the keeper—
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the
creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
(1) warn the keeper that if, after the period of 28 days beginning with the
day after that on which the notice is given—
(i) the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule
are met) have the right to recover from the keeper so much of that
amount as remains unpaid;
(g) inform the keeper of any discount offered for prompt payment and
the arrangements for the resolution of disputes or complaints that
are available;
(h) identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i) specify the date on which the notice is sent (where it is sent by post)
or given (in any other case).
(3) The notice must relate only to a single period of parking specified under sub-
paragraph (2)(a) (but this does not prevent the giving of separate notices
which each specify different parts of a single period of parking).
(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service
for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so
that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub—paragraph (4) is the period of 14
days beginning with the day after that on which the specified period of
parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to
have been delivered (and so "given" for the purposes of sub-paragraph (4))
on the second working day after the day on which it is posted; and for this
purpose “working day" means any day other than a Saturday, Sunday or a
public holiday in England and Wales.
(7) When the notice is given it must be accompanied by any evidence prescribed
under paragraph 10.
(8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of
disputes or complaints includes —
Protection ufFrccdoms Ac! 2012 (c, 9) 143
Schedule 4 - Recovery ofunpaid parking charges

(a) any procedures offered by the creditor for dealing informally with
representations by the keeper about the notice or any matter
contained in it; and
(b) any arrangements under which disputes or complaints (however
described) may be referred by the keeper to independent
adjudication or arbitration.
10 (1) The appropriate national authority may by regulations made by statutory
instrument prescribe evidence which must accompany a notice which is to
be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or
paragraph 6(1)(b) (as the case may be).
(2) The regulations may in particular make provision as to—
(a) the means by which any prescribed evidence is to be generated or
otherwise produced (which may include a requirement to use
equipment of a kind approved for the purpose by a person specified
in the regulations); or
(b) the circumstances in which any evidence is, or is not, required to
accompany a notice to keeper.
(3) The regulations may -—
(a) include incidental, supplementary, transitional, transitory or saving
provxsion;
(b) make different provision for different purposes.
11 (1) The third condition is that—
(a) the creditor (or a person acting for or on behalf of the creditor) has
made an application for the keeper’s details in relation to the period
of parking to which the unpaid parking charges relate;
(b) the application was made during the relevant period for the
purposes of paragraph 8(4) (where a notice to driver has been given)
or 9(4) (where no notice to driver has been given);
(c) the information sought by the application is provided by the
Secretary of State to the applicant.
(2) The third condition only applies if the vehicle is a registered vehicle.
(3) In this paragraph “application for the keeper’s details” means an application
for the following information to be provided to the applicant by virtue of
regulations made under section 22(1)(c) of the Vehicle Excise and
Registration Act1994—
(a) the name of the registered keeper of the vehicle during the period of
parking to which the unpaid parking charges relate; and
(b) the address of that person as it appears on the register (or, if that
person has ceased to be the registered keeper, as it last appeared on
the register).
12 (1) The fourth condition is that any applicable requirements prescribed under
this paragraph were met at the beginning of the period of parking to which
the unpaid parking charges relate.
(2) The appropriate national authority may by regulations made by statutory
instrument prescribe requirements as to the display of notices on relevant
land where parking charges may be incurred in respect of the parking of
vehicles on the land.
144 Protection of Freedoms Act 2012 (c. 9)
Schedule 4 — Recovery nfunpuid parking charges

(3) The ptovision made under sub-paragraph (2) may, in particular, include
provnsron—
(a) requiring notices of more than one kind to be displayed on any
relevant land;
(b) as to the content or form of any notices required to be displayed; and
(c) as to the location of any notices required to be displayed.
(4) Regulations under this paragraph may—
(a) include incidental. supplementary, transitional, transitory or saving
prov1510n;
(b) make different provision for different areas or purposes.

Hire vehicles

'13 (1) This paragraph applies in the case of parking charges incurred in respect of
the parking of a vehicle on relevant land if —
(a) the vehicle was at the time of parking hired to any person under a
hire agreement with a vehicle-hire firm; and
(b) the keeper has been given a notice to keeper within the relevant
period for the purposes of paragraph 8(4) or 9(4) (as the case may be).
(2) The creditor may not exercise the right under paragraph 4 to recover from
the keeper any unpaid parking charges specified in the notice to keeper if,
within the period of 28 days beginning with the day after that on which that
notice was given, the creditor is given-
(a) a statement signed by or on behalf of the vehicle-hire firm to the
effect that at the material time the vehicle was hired to a named
person under a hire agreement;
(b) a copy of the hire agreement; and
(c) a copy of a statement of liability signed by the hirer under that hire
agreement.
(3) The statement of liability required by sub-paragraph (2)(c) must—
(a) contain a statement by the hirer to the effect that the hirer
acknowledges responsibility for any parking charges that may be
incurred with respect to the vehicle while it is hired to the hirer;
(b) include an address given by the hirer (whether a residential, business
or other address) as one at which documents may be given to the
hirer;
(and it is immaterial whether the statement mentioned in paragraph (a)
relates also to other charges or penalties of any kind).
(4) A statement required by su b-paragraph (2)(a) or (c) must be in such form (if
any) as may be prescribed by the appropriate national authority by
regulations made by statutory instrument.
(5) The documents mentioned in sub-paragraph (2) must be given by —
(a) handing them to the creditor;
(b) leaving them at any address which is specified in the notice to keeper
as an address at which documents may be given to the creditor or to
which payments may be sent; or
(c) sending them by post to such an address so that they are delivered to
that address within the period mentioned in that sub-paragraph.
Protection of Frecdoms Act 2012 (c. 9) “145
Schedule 4 - Recovery of unpaid parking charges

(6) In this paragraph and paragraph 14 -


(a) “hire agreement“ means an agreement which—
(i) provides for a vehicle to be let to a person (“the hirer“) for a
period of any duration (whether or not the period is capable
of extension by agreement between the parties); and
(ii) is not a hire-purchase agreement within the meaning of the
Consumer Credit Act 1974;
(b) any reference to the currency of a hire agreement includes a reference
to any period during which, with the consent of the vehicle—hire firm,
the hirer continues in possession of the vehicle as hirer. after the
expiry of any period specified in the agreement but otherwise on
terms and conditions specified in it; and
(C) “vehicle-hire firm" means any person engaged in the hiring of
vehicles in the course of a business.
14 (1) If—
(a) the creditor is by virtue of paragraph 13(2) unable to exercise the
right to recover from the keeper any unpaid parking charges
mentioned in the notice to keeper, and
(b) the conditions mentioned in sub-paragraph (2) below are met,
the creditor may recover those charges (so far as they remain unpaid) from
the hirer.
(2) The conditions are that-
(a) the creditor has within the relevant period given the hirer a notice in
accordance with sub-paragraph (5) (a “notice to hirer“), together
with a copy of the documents mentioned in paragraph 13(2) and the
notice to keeper;
(b) a period of 21 days beginning with the day on which the notice to
hirer was given has elapsed; and
(C) the vehicle was not a stolen vehicle at the beginning of the period of
parking to which the unpaid parking charges relate.
(3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days
beginning with the day after that on which the documents required by
paragraph 13(2) are given to the creditor.
(4) For the purposes of sub-paragraph (2)(c) a vehicle is to be presumed not to
be a stolen vehicle at the material time, unless the contrary is proved.
(5) The notice to hirer must—
(a) inform the hirer that by virtue of this paragraph any unpaid parking
charges (being parking charges specified in the notice to keeper) may
be recovered from the hirer;
(b) refer the hirer to the information contained in the notice to keeper;
(C) warn the hirer that if, after the period of 21 days beginning with the
day after that on which the notice to hirer is given, the amount of
unpaid parking charges referred to in the notice to keeper under
paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in
full, the creditor will (if any applicable requirements are met) have
the right to recover from the hirer so much of that amount as remains
unpaid;
146 Protection anrcednms Act 2012 (c. 9)
Schedule 4 — Recovery of unpaid parking charges

(d) inform the hirer of any discount offered for prompt payment and the
arrangements for the resolution of disputes or complaints that are
available;
(e) identify the creditor and specify how and to whom payment may be
made; and
(f) specify the date on which the notice is sent (if it is sent by post) or
given (in any other case).
(6) The documents mentioned in sub-parag'raph (2)(a) must be given by—
(a) handing them to the hirer;
(b) leaving them at an address which is either—
(i) an address specified in the statement of liability mentioned in
paragraph 13(2)(c) as an address at which documents may be
given to the hirer; or
(ii) an address at which documents relating to civil proceedings
could properly be served on the hirer under Civil Procedure
Rules; or
(c) sending them by post to such an address so that they are delivered to
that address within the relevant period for the purposes of sub-
paragraph (2)(a).
(7) In subparagraph (5)(cl) the reference to arrangements for the resolution of
disputes or complaints includes—
(a) any procedures offered by the creditor for dealing informally with
representations by the hirer about the notice or any matter contained
in it; and
(b) any arrangements under which disputes or complaints (however
described) may be referred by the hirer to independent adjudication
or arbitration.

Application to Crown vehicles etc

15 (1) The provisions of this Schedule apply to—


(a) vehicles in the public service of the Crown that are required to be
registered under the Vehicle Excise and Registration Act 1994 (other
than a vehicle exempted by sub-paragraph (2)), and
(b) any person in the public service of the Crown who is the keeper of a
vehicle falling within paragraph (a).
(2) But this Schedule does not apply in relation to a vehicle that—
(a) at the relevant time is used or appropriated for use for naval, military
or air force purposes, or
(b) belongs to any visiting forces (within the meaning of the Visiting
Forces Act 1952) or is at the relevant time used or appropriated for
use by such forces.

Power to amend Schedule

16 (1) The appropriate national authority may by order made by statutory


instrument amend this Schedule for the purpose of —
(a) amending the definition of “relevant land" in paragraph 3;
(b) adding to, removing or amending any of the conditions to which the
right conferred by paragraph 4 is for the time being subject.
Protection anrcedtmzs Act 2012 (c. 9) 147
Schedule 4 - Recovery ufunpnid parking charges

(2) The power to amend this Schedule for the purpose mentioned in sub-
paragraph (1)(b) includes, in particular, power to add to, remove or
amend—
(a) any provisions that are applicable for the purposes of a condition;
and
(b) any powers of the appropriate national authority to prescribe
anything for the purposes of a condition by regulations made by
statutory instrument.
(3) An order under this paragraph may—
(3) include incidental, supplementary, transitional, transitory or saving
provision;
(b) make different provision for different purposes.

Parliamentary procedure

17 (1) A statutory instrument containing regulations under any provision of this


Schedule is subject to annulment by—
(a) a resolution of either House of Parliament (in the case of regulations
made by the Secretary of State); or
(b) a resolution of the National Assembly for Wales (in the case of
regulations made by the Welsh Ministers).
(2) A statutory instrument containing an order made under paragraph 16—
(a) in the case of an order of the Secretary of State, is not to be made
unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament;
(b) in the case of an order of the Welsh Ministers, is not to be made
unless a draft of the instrument has been laid before, and approved
by a resolution of, the National Assembly for Wales.

SCHEDULE 5 Section 61(2)

REPLACEMENT POWERS TO STOP AND SEARCH: SUPPLEMENTARY PROVISIONS

After Schedule 6A to the Terrorism Act 2000 insert—


“SCHEDULE 6B

SEARCHES IN SPECIFIED AREAS OR PLACES: SUPPLEMENTARY

Extent ofsearch powers: supplementary

1 A constable exercising the power conferred by an authorisation


under section 47A may not require a person to remove any
clothing in public except for headgear, footwear, an outer coat, a
jacket or gloves.
2 (1) Sub—paragraph (2) applies if a constable proposes to search a
person or vehicle by virtue of section 47A (2) or (3).