Are photos of the Ts and Cs available?
Looking at procedure, IMO the PCN is flawed and appeals have been won on the error.
The regs:
(7) A penalty charge notice given under this regulation must include the information set out in—
(a)Schedule 2, and
(b)regulation 3(1) of the 2022 Appeals Regulations.
(from the Appeals Regs)
Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.
Where's 3(1)(c)?
What happens if a response is not received by the person making reps before the end of the 28-day period and a NTO is served on the owner?
The PCN must contain the unambiguous and mandatory warning to the effect that, notwithstanding any previous representations, if a NTO is served then the recipient(owner) MUST respond to the NTO.
Not may respond or to wait for a response to the initial reps, but must respond.
As written here the PCN sets a condition i.e. if the PCN has not been paid fully or successfully challenged with the 28-day period ..., but this is meaningless if the authority hasn't responded within this period!
Wait for other views.
EDIT: you should look at the East Lindsey Council thread for how the wording should appear.
