The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023

Circumstances in which a charge is not payable or is to be refunded

8.—(1) No penalty charge is payable in relation to a contravention where the conduct in respect of which the penalty charge is imposed is the subject of—

(a) criminal proceedings,

(b) a fixed penalty notice (within the meaning of section 52(1) (fixed penalty notices) of the Road Traffic Offenders Act 1988), or

(c) a penalty charge notice issued under section 66(1) (parking penalties in London) of the Road Traffic Act 1991(1) (as applied by an order under paragraph 1 or 2 of schedule 3 of that Act).

(2) Where, despite paragraph (1)—

(a) a penalty charge is paid in respect of a contravention, and

(b) the conduct in respect of which the penalty charge is imposed is the subject of proceedings or a notice as mentioned in paragraph (1)(a) to (c),

the local authority must, as soon as reasonably practicable after the circumstances in sub-paragraph (b) come to its notice, refund the amount of the penalty charge which has been paid.

(1)

1991 c. 40. Section 66 was repealed in relation to England and Wales by paragraph 1 of schedule 12 of the Traffic Management Act 2004 (c. 18).