Free Traffic Legal Advice

Hello everyone,

My wife received this PCN for entering the this zone 3 minutes early. The wording on page 2 however is the same as the one that Hippocrates posted in the bookmarked thread so I was wondering if I could appeal based on the same principle? If so, is it just a matter of following the appeal link on the PCN and copying and pasting in the text below?

Many thanks.



For future ease of reference:

I make this collateral challenge against the validity of the PCN as it is missing mandatory information as provided at Para. 4 (8 ) (v) of


https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased

charge may be payable.

Clearly, this refers to Para. 4 (8 ) (iii):

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning

with the date of the notice;

Therefore, it follows that the statement: "If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240 may be payable” adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information. So, it follows that it cannot possibly be interpreted disjunctively.

We need the PCN as advised above by our moderator and then I will get back with a draft.

I'll get back with another related argument and show you a case won on this.

https://drive.google.com/file/d/1mpB3obxgDkbzTrC_YbGNPC7K3vhqqKIt/view

I'll dig out my skeleton argument. Sorry as I am busy with cases and do not have that much time to advise on here that much; but, December seems to be fairly clear. Then there is the matter of my own 4 PCNs.!

Thanks very much, that's most helpful.

Before you send this in a pdf. please screenshot all pages of their website as it has no grounds.

I make these collateral challenges against the PCN in terms of its invalidity:

1. Under If you do nothing the PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £240.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:

1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—

(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

2. The PCN also fails to include mandatory information as provided at  Para. 4 (8 ) (v) of

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable.

Clearly, this refers to Para. 4 (8 ) (iii):

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

In light of the above, please cancel the PCN.

Screenshot everything and try to add the statutory grounds in a search bar - if there is one!