Thanks.
IMO, the NOR is the council's letter, not the attachments. It therefore follows that this mandatory provision in the Appeals Regs has been omitted from the NOR:
(6) If the enforcement authority does not accept the representations, its decision notice—
(a)must—
(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—
(aa)the penalty charge is paid, or
(bb)the recipient appeals to an adjudicator against the penalty charge,
(ii)indicate the nature of an adjudicator’s power to award costs, and
(iii)describe the form and manner in which an appeal to an adjudicator must be made
Appeal to an adjudicator against a decision to reject a recipient’s representations
7.—(1) A recipient may appeal to an adjudicator against an enforcement authority’s decision not to accept their representations.
(2) An appeal under this regulation must be made within—
(a)the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or
(b)such longer period as the adjudicator may allow.
The only reference to making an appeal is to the 28-day period and not 'such longer period...etc.'.
This is a secondary ground of appeal IMO (it comes under the heading of Procedural Impropriety) because your substantive case is strong.
