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.
Please cancel therefore.
