Tweak this accordingly. And get it in pronto.
Ground: the alleged contravention did not occur.
There is no advanced warning signage in place, while I accept this may not be a legal requirement. Nevertheless, this restriction certainly took me by surprise. ***********
Ground: the penalty charge exceeded the amount.
The 2003 Act states that representations may be made on “one or other grounds”. Clearly, your website only allows me to choose one ground. This is a clear ambiguity which must be resolved in the favour of the owner. Furthermore, the PCN states: “If the Penalty Charge is not paid before the end of the 28 day period, the charge may increase to £240.00.” Clearly, the period to which this refers is 28 days from the date of the notice. This flies in the face of paras. 5(1) and (2)(a) as provided at Schedule 1 which states that a charge certificate may be issued 28 days from the date of service of the PCN.
I have considered Adjudicator’s reasoning in Adam Jones v London Borough of Havering Case No 2190374806 in adopting this ground of appeal since procedural impropriety is not afforded to an appellant in this legislation.
Considering the above, I ask the the PCN be cancelled.
