Is this any better:
Ground: The penalty exceeded the amount applicable in the circumstances of the case because the Penalty Charge Notice fails to comply with the mandatory requirements of the London Local Authorities and Transport for London Act 2003.
I make representations on the basis that the Penalty Charge Notice does not comply with the mandatory requirements of Schedule 1 to the London Local Authorities and Transport for London Act 2003.
The PCN states:
"If after the last day of the period of 28 days beginning with the date of service of this Notice, no such representations have been made and the penalty charge has not been paid in full, we may increase the penalty charge by 50%..."
This misstates the statutory position.
Paragraph 1 of Schedule 1 requires the PCN to state that, if the penalty charge is not paid before the end of the relevant 28-day period, the enforcement authority may increase the charge by 50% and take steps to enforce payment. The relevant statutory period is calculated from the date of the notice, not the date of service.
The PCN therefore fails to accurately communicate the statutory enforcement timetable prescribed by Parliament. A penalty charge may only be demanded by means of a Penalty Charge Notice that complies with the requirements of the 2003 Act. As this PCN misstates the statutory position concerning the service of a Charge Certificate, it is non-compliant and unenforceable.
I respectfully request that the Penalty Charge Notice be cancelled.