Hi all,
Do I have grounds for appeal if documents are wrongfully signed? Can anyone point me to any legislation or cases to help?
I received a PCN in February 2024 which I appealed and obviously, it got rejected.
Both the PCN and the rejection letter were signed by Steve Iles, Director of Sustainable Communities.
However, Steve Iles stepped down in August 2023 and was replaced by Karen Agbabiaka in August 2023. His name, position, and signature remain in official documentation.
Mr Steve Iles currently works for Swindon Council as per his LinkedIn.
In March 2024, I complained to Croydon Council and I received a response from Ms Jayne Rusbatch, Head of Highways and Parking. I have attached their response but they wrote a very interesting response:
"A request to change delegatory powers to the new director, Karen Agbabiaka is in train."
“Ms Agbabiaka has full approval to sign correspondence for penalty charge notices issued under RTRA 1984 sections 99-103.”
"Corrective action is currently being taken to remedy this matter."
Despite this, they still refused to cancel my PCN!
This is not a one-off time. I received another response on 4/04/2024 which still contained his signature after I complained about this malpractice!
Only in January, they were humiliated nationally for sending charges of £195 to thousands of motorists as reported on national broadcasters:
Croydon: Penaltycharge notice error cost borough £150,000:
https://www.bbc.co.uk/news/uk-england-london-68217847#:~:text=Cancelling%20penalty%20charge%20notices%20(PCNs,of%20up%20to%20%C2%A3195.
Do I have a claim in the appeal tribunal?
I have attached the following evidence:
- Croydon Council's response to my complaint about his signature (pdf)
- An image of a letter of rejection with his signature (jpg)
- Screenshot of another rejection letter dated 04/04/2024 (x2) (jpg)