Free Traffic Legal Advice

I am appealing this on the basis that there is a Procedural Impropriety.

The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £195.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:

1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

This has been tested and heard by an adjudicator at London Tribunals.

I refer to case ref no: 224038612A, PCN No: ZN12830954

The adjudicator found that the PCN was invalid and directed Haringey Council to cancel the PCN. 

That being the case, I consider that a) the Penalty exceeded the amount to pay and that there has been a procedural impropriety. I therefore submit that this PCN should be cancelled on the same grounds and look forward to receiving your reply cancelling this PCN.