Clause 8

When a parking offence is committed, the person who at the time of the occurrence of the offence is the owner of the motor vehicle in respect of which the offence is committed shall, by virtue of this section, be guilty of an offence under the rule or section concerned in all respects as if he were the actual offender guilty of the parking offence unless —

in any case where such offence is dealt with under section 83 or 84 of this Act, such owner satisfies the police officer referred to in section 83 or subsection (7) of section 84 of this Act, as the case may be, that such vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; and

in any other case, the court is satisfied that such vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(2) Nothing in this section shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from a person in relation to any parking offence no further penalty shall be imposed on or recovered from any other person in relation thereto.(3) Notwithstanding the provisions of subsection (1) of this section no owner of a motor vehicle shall by virtue of this section be guilty of an offence if —

in any case where such offence is dealt with under section 83 or 84 of this Act, he —

within seven days after service on him of a notice under section 83 or 84 of this Act alleging that he has been guilty of such offence, furnishes by statutory declaration to the police officer referred to in section 83 or subsection (7) of section 84 of this Act, as the case may be, the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned; or

satisfies such police officer that he did not know and could not with reasonable diligence have ascertained such name and address; and

in any other case he satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.(4) A statutory declaration made under subsection (3) of this section if produced in any proceedings against the person named therein and in respect of the parking offence concerned shall be prima facie evidence that such person was in charge of the vehicle at all relevant times relating to such parking offence.(5) A statutory declaration which relates to more than one parking offence shall not be regarded as a statutory declaration under, or for the purposes of, subsection (3) of this section.(6) In this section —“owner”, in relation to a motor vehicle, includes —

every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under any such agreement;

the person in whose name the vehicle is registered except where such person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and

in the case of a vehicle in respect of which a general licence is issued under section 12 of this Act, the person to whom such general licence is issued;“parking offence” means an offence of parking a motor vehicle or of causing or permitting a motor vehicle to stand, wait or be parked in contravention of any rule or an offence under section 73 of this Act;“rule” means a rule made under this Act;“section” means a section of this Act.”.