Just below the image from the ANPR camera on Page 1 of the PCN paperwork it states:
“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.”
That was the same PCN wording that I challenged when I argued the appeal. The wording should say ‘from the date of service of this notice’ or to that effect, otherwise the appellant is not afforded the full statutory provisions.
In terms of the PCN portal, the wording error came after they rejected my representation, a yellow box appeared above the blue box stating it would increase the charge by 50% on a date that it was not meant to. I calculated the correct date from 28 days the Notice of Rejection is served. The period of service affords two extra days from the date of issue.
Although the PCN portal looks quite similar in appearance, the blue box seems visually different as it now has a green border, I wonder if they have rectified any software issues that were causing incorrect date citations...that's why it's important to monitor your PCN case updates on the portal. For instance another local authority said it received my PCN challenge on a different date than when I submitted it online, so I have used that argument as well. In the corner of my Apple computer I clicked the date dropdown, then I screenshot the webpage including my desktop for evidence to ensure there was a date stamp.
If no errors arise on the PCN portal, then it makes the case more risky at appeal.
Before submitting representations, it’s advisable to film a reconstruction video of the route taken from the vehicle dashboard, I suspect your route of approach may have been via College Road (unless I am mistaken?). Upload the video to a platform ensure it is set to unlisted (link access only). Then copy the youtube video link into your representations when making a signage argument. Don’t click on the link, keep it at zero views. When the Local Authority reject the representation, go and check the view count, if it’s still at zero...then they did not view attached evidence, and it may constitute a ‘failure to consider’. You could then cite paragraph 1(7) under Schedule 1 as a supplementary legal argument.
I can draft a representation on the PCN wording and signage points, but they will reject it. That's why the above strategy is important to ensure you have as many lines of argument to deploy.
