PCN omits mandatory information.
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
