Draft representation:
Dear London Borough of Tower Hamlets,
I challenge liability for PCN TT55657591 because there has been a procedural impropriety. Regulation 11 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 provides that:
Representations about a removed vehicle
11.—(1) This regulation applies where, in relation to a vehicle found in a civil enforcement area for parking contraventions and removed under regulations made under section 99 of the RTRA 1984(1), a person (“P”)—(a) is required to pay an amount on recovery of the vehicle under section 101A(1) of that Act(2),
(b) receives a sum in respect of the vehicle under section 101A(2) of that Act,
(c) is informed that the proceeds of sale of the vehicle did not exceed the amount of the relevant charges(3), or
(d) is informed that the vehicle was disposed of without there being any proceeds of sale.
(2) P must, immediately upon the happening of the occurrence referred to in paragraph (1), be notified, in writing—(a) of their right to make representations to the enforcement authority in accordance with this regulation, including the effect of paragraphs (3) and (4),
Upon release of the vehicle I was not provided any information about the right to make representations under the 2022 regulations, that is a procedural impropriety on the basis of which the penalty charge must be cancelled.
Yours faithfully,
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