Skeleton argument re 2250187549: basic nitty-gritty stuff.
1. In Evidence B the council states:
The Council is satisfied that we have followed procedures for dealing with appeasl as set down in Schedule I of the London Local Authorities Act 1996 (as amended)…..2. The NOR states:
The signage is lit from dusk till dawn and vehicle headlights further illuminate the signs and road markings. This statement is not corroborated by the video. Further, I put the council to strict proof that the sign to diagram 953 was illuminated on the day in question.
3. The photographs provided at Evidence H are of little evidential value.
4. I make this collateral challenge against the validity of the PCN as it is missing mandatory information as provided at Para. 4 (8 ) (v) of
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted (
v)that, if the penalty charge is not paid before the end of the 28 day period, an increased
charge may be payable. Clearly, this refers to Para. 4 (8 ) (iii):
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning
with the date of the notice;Therefore, it follows that the statement:
If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £195 may be payable. adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information.
In light of the above, I ask that the appeal be allowed.