Is any member able to help with this please ?
There is an issue with the PCN which uses the old 2007 legislation re "served" rather than "occurred". I will dig out my skeleton argument. It is worth using as they may well mess up their reply or fail to consider.
The PCNThis states the old 2007 wording re served rather than “occurred” as provided at Schedule 2 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022
Particulars to be included in a penalty charge notice given under regulation 9
2. The information to be included in a penalty charge notice served under regulation 9 is—
(a)the date on which the notice is served,
(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,
(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and
(f)that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), a notice to owner may be served by the enforcement authority on the owner of the vehicle.
Further, I do not believe the meaning of the highlighted part is sufficiently expressed on the PCN as provided at Part 2 para. 3 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.