Hi,
Essentially this should be my reply:
I wish to make a formal representation against PCN for contravention 53J on the grounds that the Penalty Charge Notice is invalid due to non-compliance with statutory requirements.
This representation is made as a collateral challenge to the validity of the PCN under section 4(

of the London Local Authorities and Transport for London Act 2003. The PCN fails to include mandatory information required by section 4(

(a)(v), which requires the notice to clearly state that if the penalty charge is not paid before the end of the 28-day period, an enforcement authority may increase the penalty charge by 50% and take steps to enforce payment.
In addition, section 4(

(a)(iii) requires the PCN to clearly state that the penalty charge must be paid before the end of the period of 28 days beginning with the date of service of the notice. The PCN I have received fails to clearly and correctly convey this requirement. Instead, the wording used—particularly in the section beginning “If you fail…”—is unclear and conflates the statutory timeframes, creating ambiguity as to whether the 28-day period runs from the date of the notice or the date of service.
The omission of this mandatory information, and the failure to clearly and correctly state the statutory payment period, renders the PCN non-compliant and therefore unenforceable. The legal position regarding timeframes must be conveyed with absolute clarity. This principle has been reinforced by the High Court, including in the Hackney Drivers case, which confirmed that statutory notices must not mislead or confuse the recipient.
Furthermore, the PCN does not clearly set out all available methods of payment, specifically failing to include the option to pay by post. This omission further contributes to procedural impropriety and demonstrates that the PCN does not meet the required statutory standard.
Given the above, the PCN is invalid as it fails to include mandatory information and does not clearly communicate the legal requirements placed upon the recipient. I therefore request that the PCN be cancelled.
Yours faithfully,
Please read the letter I attached, as I do believe it references having to pay the PCN before the end of a period of 28 days beginning with the date this notice was served.
See attached the PCN
https://imgpile.com/p/epGnMNP