Dear Council
I make these two collateral challenges:
The PCN
The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £240.00 (less money paid) may be payable and a Charge Certificate may be sent on you seeking this amount.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;
Further, the PCN does not inform me with regard to the service of a Charge Certificate if representations are not made by the end of the said period. Please refer to Case No: 224038612A.
The website
The date regarding the increase to £160 is clearly wrong. It is essential that appellants are correctly informed of the statutory dates of what and when to pay.
In light of the above, please cancel the PCN
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Keep a screenshot of the website and adduce it as evidence. I cannot access as do not have the PCN and VRM details!
