Free Traffic Legal Advice

1. This PCN is missing mandatory information. as provided at 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;



2. I make this collateral challenge regarding the wording of the sentence "If after...." Since the PCN omits mandatory information that the PCN must be paid by 28 days beginning with the date of the notice, the said statement therefore conflates the two distinct time periods and renders the PCN unclear and invalid.  In light of the above, please cancel.


After thought:  why not ask them for the original PCN? It will not be the same!

2. I make this collateral challenge regarding the wording of the sentence "If after...." Since the PCN omits mandatory information that the PCN must be paid by 28 days beginning with the date of the notice, the said statement therefore conflates the two distinct time periods and renders the PCN unclear and invalid.  In light of the above, please cancel.

Have read this, slightly confused, as it does have that mandatory information, on the first page of the PCN where it says 'The pentatly charge must be paid not later then the last day of the period of 28 days beginning with the date of this notice.

Am I misunderstanding this point?

Read the sentence. It refers to 28 days from the date of service.

I've read it, possibly im missing something so obvious or my level english is not up to par with that required for this point of the appeal :/

Para. 4 (8 ) (V) doesn't mention anything about using either of the wording 'Service' or 'Notice' or that it has to be combined with Para. 4 (8 ) (iii) which they've stated on Page 1 of the PCN.

"If after the last day of the period of 28 days beginning with the date on which this PCN is served no such representations have been made, and the penalty charge has not been paid, we may increase the penalty charge by 50% to £195 an may takes steps to enforce payment of the increased charge."

The 'And' would be correct, as you would have to have not done both of those, otherwise had you done one then they would not increase the fine.

OP, as a minor correction, the references are not to 4(... they should be to 4((a)....

It's better if you see the requirement in full and then you can compare with the PCN, hopefully this would improve your understanding:

[4((a)]

(8)A penalty charge notice under this section must—

(a)state—

(i)the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;

(ii)the amount of the penalty charge which is payable;

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

(vi)the amount of the increased charge;

(vii)the address to which payment of the penalty charge must be sent; and

(viii)that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and

(b)specify the form in which any such representations are to be made.