Free Traffic Legal Advice

Thank you that's really helpful

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That is literally the rationale for rejection, the rest is how to pay and how to take to the tribunal. Mr representation was:

Dear Sir/Madam,

I am writing to formally challenge the issuance of Penalty Charge Notice (PCN) reference BC72470937, which I received on 24/10/24 for an alleged contravention of "Parking without a valid residents permit on display."

The PCN states that the location of the alleged contravention was "Back Rochdale Old Road, Bury." However, this location does not exist. The photographic evidence taken at the time of the alleged contravention clearly shows that my vehicle was actually parked on Rectory Lane. The incorrect location on the PCN constitutes a fatal error that renders the notice invalid.

Legal Basis for Appeal

1. Failure to Accurately State the Grounds for the Charge
Under Regulation 8(1)(a) of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007, a PCN must state "the grounds on which the civil enforcement officer believes that a penalty charge is payable."

Since "Back Rochdale Old Road" does not exist, the grounds for the charge are inaccurate and unclear, making the PCN invalid.



2. The Contravention Did Not Occur as Stated
Under Regulation 4(4)(e) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, a valid ground for appeal is that "the penalty charge exceeded the amount applicable in the circumstances of the case."

Because the stated location does not exist, the alleged contravention as described in the PCN did not occur, meaning the penalty should not have been issued.



3. Precedent from Parking Adjudications

In multiple cases, parking adjudicators have ruled that a PCN with an incorrect location is a "fatal flaw" that invalidates enforcement.

Furthermore, it is not within the council’s authority to reissue or amend a PCN with a corrected location after the fact.




Request for Cancellation

Given the above legal requirements, it is clear that the PCN is invalid and unenforceable due to its failure to correctly identify the location of the alleged contravention. I, therefore, request that the PCN be cancelled immediately.

The photographic evidence your CEO provided clearly supports my representation and request written confirmation of the cancellation. Should the council choose not to cancel the PCN, I require a full explanation detailing the legal basis for its continued enforcement despite the incorrect location.

NTO is now in my name
 It went to Lex Auto (reg keeper), who sent it to NHS fleet, who then gave my details, so it was subsequently sent to me

Anything?