With a little help from ChatGPT... (does this read fine?):
Subject: Formal Appeal Against Penalty Charge Notice (PCN) Issued by North Somerset Council
PCN Reference Number: [Insert PCN Number]
To Whom It May Concern,
I am writing to formally appeal the Penalty Charge Notice (PCN) issued to me, as I believe it is not lawful for the reasons outlined below.
1. Failure to Include Statutory Information on the PCN
The PCN issued by North Somerset Council fails to comply with the mandatory requirements set out in The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022. Specifically:
Section 3(2)(b) of the Regulations requires that an enforcement notice must include the nature of the representations which may be made under regulation 5.
Section 5(4) of the Regulations specifies the statutory grounds for representations, two of which are missing from the PCN I received:
5(4)(f): There has been a procedural impropriety on the part of the enforcement authority.
5(4)(g): The order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid.
The omission of these statutory grounds renders the PCN non-compliant with the legal requirements, and as such, it is invalid.
2. Inadequate Signage
The signage at the location in question fails to meet the required standards for clarity and compliance. According to the relevant regulations and guidance for road signage:
There should be two bus lane signs, one on each side of the narrowed section of the road, to clearly indicate the restriction.
Additionally, there should be an advance warning sign to inform drivers of the upcoming bus lane restriction.
The lack of adequate signage creates confusion for motorists. For example, a driver who parks nearby and later exits the area may inadvertently drive through the restricted section without realizing it is a Bus Gate. This lack of clear and sufficient signage fails to meet the legal requirements for traffic regulation orders and enforcement.
Conclusion
For the reasons stated above, I respectfully request that the PCN be cancelled. The PCN is invalid due to its failure to comply with statutory requirements under The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022, and the signage at the location is inadequate to provide proper notice to motorists.
I look forward to your response and resolution of this matter.
Yours sincerely,
[Your Full Name]
[Your Address]
[Your Contact Information]
