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Thanks!

My God, they're incompetent and visit this on poor motorists rather than addressing their shortcomings.

Enough of my editorial.

The PCN is missing 2/3rds of the mandatory Appeals Regulations content and you would succeed at adjudication on this point alone(believe it, you would).

So, what must this type of PCN (known colloquially as a Reg. 9 PCN) tell the recipient?

Penalty charge notices for parking contraventions: service by civil enforcement officers

9(7) A penalty charge notice given under this regulation must include the information set out in—

(a)Schedule 2, and

(b)regulation 3(1) of the 2022 Appeals Regulations.

Oh no, not more regulations! Nobody said this was easy, this is why it's useful to have this forum's resource. How is a motorist supposed to know whether an authority has followed procedures if they omit these procedure from official notices when the law requires them to be included?

https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1

CHAPTER 1
Information to be included in regulation 9 penalty charge notices and enforcement notices

Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
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.

You will see that the PCN omits 3(1)(b) and IMO 3(1)(c) because although some of of the words are there, it loses its effect without the context of 3(1)((b). They've only been doing this for 16 years, so let's no be too hard on them.

Before I draft something for you pl post exactly what you received in response to your follow-up letter, the 'sorry can't consider this.....' nonsense so that I can reference this in your next letter.

Good Afternoon,

 

Thank you for your email.

 

Unfortunately, we cannot relook into your challenge as this has already been reviewed by an officer.

 

As previously advised If you do not wish to accept this decision you are able to appeal further to the Councils Parking Appeals section. To do this you must wait for a Notice to Owner to be sent to the registered keeper of the vehicle at the full charge of £130.00. Once this has been received you will be required to follow the instructions given to make a formal representation.

 

Regards,

Next stage would be a Notice to Owner addressed to the registered keeper who would be able to make further(also know as formal) representations which if rejected would allow them to access the tribunal.

Are you the RK with current DVLA details?

If this ever got to Tribunal, then you'd phrase any formal reps in order to line you up for a costs award against the authority. This sort of misapplication of established legal framework should not exist and should not be tolerated.

The law on footway parking came into effect in 1974; authorities' enforcement powers in 2008 and the signs Regs in 2016.

The Secretary of State's Statutory Guidance (which requires councils to ensure they train their staff to the required standard gives the following:

Once a solid foundation of policies, legitimate TROs and clear and lawful signs and lines are in place, the success of civil parking enforcement will depend on the dedication and quality of the staff that deliver it.

It is essential to give staff at all levels the skills and training to do their jobs effectively if the service is to command public confidence and respect.

This should also improve the self-esteem and job satisfaction of staff, resulting in higher retention rates. Training should be a legitimate and important aspect of running costs and training budgets should be protected from cuts.

The office processes involved are important and staff carrying them out need similar levels of skill, training and professionalism as the more visible on-street enforcement officers.

Enforcement authorities should provide enough staff for the volume of work. They should also make sure that those staff (whether employed directly by the authority or by a contractor to deal with informal challenges) have the skills, training, authority and resources to give the public a high quality, professional, efficient, timely and user-friendly service.

Yeah!