I lost the appeal with the tribunal.
1. Mr LamboTech appeals on two grounds. Firstly, he argues that the penalty charge notice was not sufficiently securely fixed to his motorcycle, and it was not there when he returned. He was therefore unaware of the penalty charge notice, and unable to pay at the discounted rate. Secondly, he argues that the wording of the Notice of Rejection is procedurally improper, as it misstates the legally required information regarding the time limit for payment of the penalty.
2. Mr LamboTech points out that the penalty charge notice was fixed to his vehicle by wrapping the adhesive envelope around the handlebar. This is smooth rubber, and it was likely to come off. He points out that in the ‘second photograph’ (presumably referring to the two photographs contained within the of Notice of Rejection) it is no longer on the handlebar. However, the timed photographs taken by the civil enforcement officer show that the photograph with the PCN wrapped around the handle was the last photograph to be taken. The other photographs were taken earlier. There is therefore nothing about the officer’s photographs which suggests that the penalty charge notice had in fact slipped off. The PCN is validly served when it is fixed to the vehicle. In this case, the adhesive envelope would have been fixed not merely to the handlebar, but also to itself, as it was wrapped round the handlebar. I therefore find that it was sufficiently fixed to the vehicle, and remained served, even if, for example, a third party removed it before Mr LamboTech returned to the vehicle.
3. The appropriate regulations require the Notice of Rejection to state that a Charge Certificate may be served by the Authority unless either payment of the penalty, or an appeal application is made, within 28 days of the date of service of the notice, service being presumed to occur after 2 working days. In the Notice of Rejection in this case, the first reference to payment of the penalty does mention 28 days including service, but the second mention of payment does not. The question is whether this potential procedural impropriety is sufficient to justify allowing the appeal, and the consequent cancellation of the penalty charge notice.
4. Following the highly persuasive decision of the Scottish Court of Session in the case of Glasgow City Council -v- The Upper Tribunal for Scotland (2025) CIH2, I do not find that this error in the wording in the Notice of Rejection assists Mr LamboTech. When interpreting the apparently strict provisions of the appropriate regulations, I must consider what the intention of Parliament is likely to have been. Did Parliament intend that such a minor error would result in the Council not being able to enforce the penalty? In particular, I must consider whether Mr LamboTech suffered any procedural unfairness as a result. In other words, did the wording of the Notice of Rejection lead him to do something, or cause him to fail to do something, contrary to his interests?
5. If a Notice of Rejection gives an ambiguous impression in relation to a time limit in relation to payment of the penalty, and the recipient of the Notice of Rejection is thereby led to miss the deadline, resulting in the service of a Charge Certificate, which would increase the amount owed by 50%, then procedural unfairness would have resulted. However, this Notice of Rejection was dated 20 January, and was thereby deemed served on 22 January. On 25 January Mr LamboTech commenced the process of applying to the Tribunal against the decision of the Council to issue a Notice of Rejection. It is therefore clear that he did not intend to pay the penalty in any event, and did not therefore suffer any procedural unfairness to his detriment.
6. I therefore dismiss this appeal on the basis that the contravention did occur, the penalty charge notice was validly served, and minor failure to follow the requirements of the appropriate regulations did not amount to any procedural impropriety which would enable this appeal to be allowed. The penalty of £70 must be paid within 28 days.
