Is it worth appealing and taking it all the way through adjudicator?
Yes, because the PCN is a clusterF*&k. Draft representation:
Dear London Borough of Havering,
I bring a collateral challenge against the penalty charge notice, because the penalty charge notice mis-states the statutory grounds on which representations may be made.
The PCN is issued under the London Local Authorities Act 1996, and under that Act the following grounds do not exist:
1) The vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner,
2) We are a hire firm and the vehicle was hired under a hiring agreement,
3) The penalty charge exceeded the amount due in the circumstances of the case.
Misstating the statutory grounds of appeal in this way is a material departure from the requirements of the statutory scheme, and it is liable to be prejudicial because a motorist could challenge a PCN in the mistaken belief that one of those inapplicable grounds can be established, the PCN is therefore misleading.
In light of this serious procedural error, a collateral challenge is made out and the PCN must be cancelled.
Yours faithfully,
Let us know when you get the informal rejection, with a bit of luck they'll throw in a failure to consider as a bonus prize.
