Free Traffic Legal Advice

Thanks very much for all the advice.  It is very much appreciated.

For my draft response to the NTO, the online form only allows one of the 'specified grounds' boxes to be ticked, so I shall reply by post - using the Royal Mail 'Signed for' service to ensure it is received.

On a photocopy of page 3 of the NTO I will tick The Specified Grounds boxes against:
* The alleged contravention did not occur.
and
* There has been a procedural impropriety by the enforcement authority.

On a photocopy of page 4 of the NTO I will write:
The alleged contravention did not occur.
Penalty charges can only be imposed by signs authorised under section 64(2) of the Road Traffic Regulation Act 1984, this means either signs authorised by the Traffic Signs Regulations 2016, or by signs specifically authorised by the Secretary of State.
The Traffic Signs Regulations 2016 do not authorise any parking suspension signs, and a search of the Department for Transport website at https://www.dft.gov.uk/traffic-auths/ indicates that Hull City Council has not obtained a special authorisation from the Secretary of State for the use of any parking suspension signs.
In the absence of a lawful parking suspension sign, the contravention alleged cannot have occurred.

There has been a procedural impropriety by the enforcement authority.
PCN KH13981341 is non-compliant with regulation 3 in the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (https://www.legislation.gov.uk/uksi/2022/576/regulation/3) which state:
"3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner."
PCN KH13981341 does not include the information set out in 3 (1) (c).

There has been a procedural impropriety by the enforcement authority.
The wording of PCN KH13981341 in terms of the 28 days period is wrong since it does not comply with Schedule 2 para. 2 in the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (https://www.legislation.gov.uk/uksi/2022/71/schedule/2) which state
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

and I will sign and date the form as instructed.

Please let me know if I've missed anything.

In addition to the above, the PCN is non-compliant with regulation 3 in the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 : -

Quote

3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

Can you see anything that looks like 3 (1)(c) ? No, thought not.

Actually, [Incandescent], I think I can see language to the effect of 3 (1)(c).  Specifically, from the PCN (2nd page, penultimate paragraph)..
".. The NTO will explain ... how to appeal and the period of entitlement to appeal against it and the form that appeal must take. .."

No, it hasn't reached me yet.  I will update when it does.