Thanks to both Hippocrates and Incandescent.
My understanding of "failure to consider" having now read other posts, is they didn't adequately consider my appeal - is this reasoning complete? :
- on the rejection letter they do not state which contravention is alleged to have occurred, and
- their reasoning for rejection describes a different contravention (stopping in box junction rather than NRT) to that on the original PCN, and
- the evidence doesn't show me performing the box junction contravention described but not stated in the rejection?
Bit of clarification needed for my understanding: the text at Para. 4 (8 ) (v) of
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted states "A penalty charge notice under this section must..." - is the Notice Of Rejection technically a PCN?
My draught Tribunal appeal text would currently be:
"The authority has failed to consider my appeal adequately, on a number of grounds:
1) The NOTICE OF REJECTION letter fails to state the alleged contravention clearly.
2) The authority states "We sent you a PCN because our camera evidence shows your vehicle stopped on a yellow box junction" - I believe they are possibly referring to a "31 - Entering and stopping in a box junction when prohibited" contravention. This is not the contravention alleged on the original PCN.
3)The authority then continues on to describe when and how stopping in a box junction is and isn't permitted, and concludes that I did commit the contravention. The evidence shows no box junction, nor a box junction contravention occurring.
Given the above, it is clear that the authority has failed to consider my appeal adequately."