I was late challenging a PCN for a MTO with a local council. The MTO is a 50r prohibition of a right turn.
I did not formally challenge within 28 days, and have been regretting that ever since. I was late because I both wanted to try and go back to the location to assess whether the PCN was appropriately imposed and I have been struggling with my mental health.
Ever since then, I have been trying to challenge - I wrote to the council setting out the reasons why I did not believe there was an offence, but they wrote back, saying they didn't have to consider it once they had issued a charging certificate.
I contacted the TEC to see how I could challenge it, and they said to fill out forms TE7 and TE9, but the boxes on TE9 don't really apply - which I explained to them. So I completed those anyway as they had advised it, but without ticking a TE9 box. The TEC then emailed some days later to say that they wouldn't process the forms without the TE9 having a box ticked, but I can't tick a box as it requires you to declare that you either didn't receive the PCN, or did receive it and challenged within 28 days and something went wrong with that process. But I did receive it and just challenged it late.
Now I have received a notice of enforcement from Marston Recovery.
How can I get the right person / body to look at my challenge to the PCN? I believe there's no legal basis for it because the ANPR camera for the MTO is not in the required location. I have completed a FOI Act request, which shows this is the most-imposed MTO penalty by the council since it was introduced and I believe this is because the sign for the MTO is in the wrong location. I have also prepared a witness statement that explains the issue and refers to paragraph 1(2) of Part 5, Schedule 3 General Directions of The Traffic Signs Regulations and General Directions 206 (which says "When the sign is placed to indicate the point at which a restriction, requirement or prohibition begins or ends, it must be placed as near as practicable to that point") and explains why the location of the sign is defective. How can I get someone with authority (TEC / Judge?) to look at that argument and, if they agree with me, quash the PCN?
I was advised on another forum to post here for advice. Thank you.