So I've draft the following based on the above.
Thanks H C Andersen and Stamfordman.
Anything missing that I need to include?
I am writing to formally challenge the Penalty Charge Notice (PCN) issued to me by Birmingham City Council, on the grounds of both "Penalty exceeded the amount applicable in the circumstances of the case" and "Procedural impropriety."
1. Penalty Exceeded the Amount Applicable in the Circumstances of the Case
The terms and conditions of the car park in question do not require the display of a ticket. Therefore, it should be presumed that the traffic order governing this car park contains no such requirement. The penalty charge issued to me was based on the erroneous premise that I had failed to display a ticket, when no such requirement exists within the car park's advertised terms. As such, the contravention cited by Birmingham City Council is predicated on a non-existent restriction. I respectfully submit that this makes the penalty unenforceable under these circumstances.
2. Procedural Impropriety
a) In my formal representations to Birmingham City Council, I clearly stated the following points:
The contravention cited was incorrect, as the terms did not require ticket display.
I had paid the correct tariff, albeit against the registration number of my own vehicle, and therefore requested that the authority exercise discretion.
The council's Notice of Rejection (NOR) failed to address these substantive points. Instead, it simply reiterated the general responsibility of the motorist to ensure a valid purchase is made for the correct vehicle registration. This response disregards my specific representations, showing a failure on the council's part to properly consider my grounds for appeal, thereby constituting procedural impropriety.
b) Additionally, the NOR does not provide a complete explanation of my right to appeal. The regulations require that the Notice of Rejection describe how an appeal to the adjudicator should be made, including informing the recipient of their ability to submit a late appeal beyond the standard 28-day period. However, the NOR issued by Birmingham City Council only mentions the 28-day deadline for filing an appeal, with no mention of the possibility to request an extension in the event of a late submission. This omission is a failure to comply with statutory requirements and further constitutes procedural impropriety.
In light of these issues, I respectfully request that you the independent adjudicator allow my appeal and cancel the penalty charge.
Thank you for your time and consideration.
