Odd reasoning IMO.
This has nothing to do with the NoR whose contents are prescribed. This relates to:
Charge certificates
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;
(b)where such representations are made and a notice of rejection is served by the enforcing authority and no appeal against the notice of rejection is made with the date on which the period within which an appeal could have been made expires;
or
(c)where there has been an unsuccessful appeal against a notice of rejection, with the date on which notice of the adjudicator’s decision is served on the appellant.
IMO, it's not about confusion, it's about legality: subsequent to being notified by the adjudicator that an appeal had been registered, no legal right to issue a CC exists unless para. 5(1)(c) is engaged.
Go for costs and see what happens.
