Rejection of representations against penalty charge notice
3 Where any representations are made under paragraph 1 above but the enforcing authority do not accept that a ground has been established, the notice served under sub-paragraph (7) of the said paragraph 1 (in this Schedule referred to as “the notice of rejection”) must—
(a)state that a charge certificate may be served under paragraph 5 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—
(i)the penalty charge is paid; or
(ii)the person on whom the notice is served appeals to a traffic adjudicator against the penalty charge;
Emboldened text not present.
*****
Appeal filed.
The PCN is invalid as per the attached case because it truncates the period allowed for consideration of representations. Further, the NOR fails to accurately define the period in which to make an appeal.
