Representations
I make this collateral challenge as the PCN is substantially non-compliant because of this statement:
“If full payment has not been made before the end of the period of 28 days beginning with the date of this notice, a
Charge Certificate may be issued increasing the amount outstanding by 50% to £240.00” is wrong as it flies in the face of the law. Schedule I @ paras. 5(1) and (2)(a) states from the date of service.
Please cancel.
Response
You have made stated that difference in wording from date of notice and service invalidate the PCN.
Schedule 1 paragraph 5 governs the circumstances in which a Charge Certificate may lawfully be issued; it does not mean that every reference to enforcement on a PCN must mirror the statutory wording verbatim. The notice simply warns that, if payment is not made, a Charge Certificate may be issued and the penalty increased by 50%.
It does not purport to alter the statutory conditions for service of a Charge Certificate, nor does it authorise the authority to act earlier than permitted by law.