Author Topic: PCN XL98116604 - Bexley - Stopping in Boxed Junction - Code 31J  (Read 218 times)

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Re: PCN XL98116604 - Bexley - Stopping in Boxed Junction - Code 31J
« Reply #15 on: »
I came up the below to submit for representation, can anyone check over this for me before I submit please:



Ground: The penalty charge exceeded the amount applicable in the circumstances of the case / The PCN does not comply with the requirements of the London Local Authorities and Transport for London Act 2003.

I make representations on the basis that the Penalty Charge Notice fails to comply with the mandatory requirements of the London Local Authorities and Transport for London Act 2003.

The PCN states on its front page:

"The penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice."

However, the statutory scheme under Schedule 1 of the London Local Authorities and Transport for London Act 2003 provides that the relevant enforcement period runs from the date of service of the Penalty Charge Notice, not the date of the notice.

The effect of the wording used on the PCN is to misstate my legal rights and to shorten the statutory period afforded by Parliament. The notice therefore fails to accurately convey the legal position and is non-compliant.

A penalty charge may only be demanded by means of a PCN that complies with the statutory requirements. As this PCN does not correctly state the applicable statutory period, it is invalid and unenforceable.

I therefore request that the Penalty Charge Notice be cancelled.

Re: PCN XL98116604 - Bexley - Stopping in Boxed Junction - Code 31J
« Reply #16 on: »
Don't send that, your PCN is correct in stating the payment deadline starts from the date of notice (rather than date of service).

The incorrectness stems from when your PCN states that an increased charge may be payable. The LLA 2003 says it must state this is after the 28 day period (from date of notice) but your PCN states it's 28 days from date of service.

Re: PCN XL98116604 - Bexley - Stopping in Boxed Junction - Code 31J
« Reply #17 on: »
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.

It's 'righter'  :)

I think the references to Schedule 1 aren't right (from memory that bit relates to making representations). References to 28 days in the legislation also need to be carefully constructed because the LLA 2003 doesn't explicitly state the charge may be increased after 28 days beginning with date of notice (as opposed to date of service) but it can be inferred from the context it falls within.

Given Hippocrates has offered to draft something, and this is something he's infinitely more qualified than me to talk about, I'll hold off trying to fix it myself just now.


@Hippocrates can you give me a hand with my representations please, see my last few posts.


Can anyone help me with representations?
Or is it not worth my while?
I will do so tomorrow. Do not pay it.

@Hippocrates can you help me draft something?