Free Traffic Legal Advice

The CEO will have notes of first observation and possibly valve positions.

At 12:13 you got 30 mins plus 10 mins grace = 12:53 so it looks like the PCN was correctly issued at 12:57.

Why were you late getting back to car?

No reason of relevance for the delay in returning.


Thank you for the information.  On the rear of the PCN it does state that
"making an informal challenge does not prevent the owner from making formal representations upon receipt of the Notice to Owner"
and also in reference to the NtO
"The owner can either pay or make representations and may appeal to an independent adjudicator if their representations are rejected.  The NtO will contain instructions on how to do this".

Am I understanding correctly that they should have stated that representations MUST be made to the enforcement agency as directed in the NtO if received, as any informal representations would then be irrelevant? (e.g. if I were to submit an informal appeal after the NtO were generated but prior to reaching me, I would never have an appeal considered?)

If that is the case, would you consider the below be a suitable appeal?




Good afternoon,

The issued PCN does not contain the required statutory information as per The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 - Regulation 3(1)(c) and therefore does not confirm with rules required for a PCN to be valid.

I therefore reject the validity of this PCN and require confirmation that you have deemed it void.




Apologies for the extra questions, just ensuring I am fully understanding this before submitting anything.

I received an initial rejection of the appeal, which didn't properly acknowledge the initial point made. 

A NtO has now been received - is it suggested to raise the same appeal at this stage in the hope that someone with more sense reads it, or is there a different approach to take at this stage?


Kind Regards,

Zayd

Do you have anything else to add to your reps at all. 

Reason to ask is that the TPT seem to now have been totally captured by the councils and claiming that an error on a PCN that doesn't prejudice the appellant is irrelevant, despite Parliament putting in the Statutory Grounds of "Procedural Impropriety" into the Traffic Management Act 2004.  I cannot see how an adjudicator can over-rule the requirements established by Parliament, but they'll get away with it until it's ruled on by a Judicial Review.

Apologies, went to the effort of uploading it and forgot to add the link!

https://imgpile.com/p/XshN4cc

So your only point made in your informal reps has been mentioned then totally ignored. This is a 'failure to consider", and should go into your reps against the NtO.