Code is 73G614 and is in the body of the NOR under Appeal.
IMO, one of your appeal grounds:
Procedural impropriety
I refer the adjudicator to the council's decision notice which, because my representations were not accepted, is a Notice of Rejection which must contain information warning the recipient that they must either pay the penalty charge within a specified period or appeal to the adjudicator:
(6) If the enforcement authority does not accept the representations, its decision notice—
(a)must—
(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—
(aa)the penalty charge is paid, or
(bb)the recipient appeals to an adjudicator against the penalty charge,
(ii)indicate the nature of an adjudicator’s power to award costs, and
(iii)describe the form and manner in which an appeal to an adjudicator must be made
The 'form and manner in which an appeal ..must be made' is given in Regulation 7 as follows:
Appeal to an adjudicator against a decision to reject a recipient’s representations
7.—(1) A recipient may appeal to an adjudicator against an enforcement authority’s decision not to accept their representations.
(2) An appeal under this regulation must be made within—
(a)the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or
(b)such longer period as the adjudicator may allow.
Regulations 7(2)(a) and 7(2)(b) are complementary and both vitally important as regards compliance with the authority's regulatory burden under Regulation 6. Both must be stated clearly in a NOR.
However, in this case 7(2)(b) is omitted entirely. I ask the adjudicator to find that this is a material failure by the enforcement authority to observe a requirement imposed on it by the Appeals regulations and is therefore a 'procedural impropriety'.
I would add that this duty could not be discharged by a vague reference to the tribunal's website and publications as here because:
1. The duty does not fall to the tribunal but to the enforcement authority;
2. In any event, the tribunal's website is provided to guide and assist prospective appellants; it includes matters prescribed by regulations and which represent tribunal policy and practice but which is some respects are a departure from the regulations e.g. references to 28 days from date of service for submission of an appeal etc. But of course no detriment should be suffered by an appellant by reading such documents provided the authority's NOR has set out the legal position as required.
But the enforcement authority has not.