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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN: Birmingham City Council, code 01 parked in a restricted street during prescribed hours, Lionel Street
« on: Today at 09:47:21 am »
IMO, the NTO is defective.
OP, the NTO must state:
3) A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state—
.........
(f)that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(2)(a) of the 2022 Appeals Regulations,
[ii)....the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded]
(g)that if, after the payment period has expired, no representations have been made under regulation 5 of the 2022 Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge,
The NTO states:
'If by 9/10/2026 you do not pay the penalty charge or make representations before the end of the period specified above ['these representations should be made not later than the last day of the period of 28 days beginning on the date on which this Notice is served]..the council may increase the original penalty charge by 50% to £105..'
NTO posted Wed. 9 Sept. therefore presumed served on Fri. 11th, which is day 1. Day 28 is therefore 8 Oct.
The language is clear: if by 9 Oct. you do not pay. Which is wrong, it must be 8 Oct. If they'd said 'if by 9th you have not paid, then they might have wangled it, but they haven't. The para. is totally misleading. Why they've given a date rather than rely upon the language of the regs, I don't know. Whether the 'or' is seen as being conjunctive or disjunctive doesn't help them IMO.
They have wrongly offered you an extra day to pay. Whether they would increase the charge is neither here nor there, they are required to state what's required in the regs. They do not have go use the exact words, but must convey the meaning and not mislead.
Wait for others.
OP, the NTO must state:
3) A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state—
.........
(f)that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(2)(a) of the 2022 Appeals Regulations,
[ii)....the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded]
(g)that if, after the payment period has expired, no representations have been made under regulation 5 of the 2022 Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge,
The NTO states:
'If by 9/10/2026 you do not pay the penalty charge or make representations before the end of the period specified above ['these representations should be made not later than the last day of the period of 28 days beginning on the date on which this Notice is served]..the council may increase the original penalty charge by 50% to £105..'
NTO posted Wed. 9 Sept. therefore presumed served on Fri. 11th, which is day 1. Day 28 is therefore 8 Oct.
The language is clear: if by 9 Oct. you do not pay. Which is wrong, it must be 8 Oct. If they'd said 'if by 9th you have not paid, then they might have wangled it, but they haven't. The para. is totally misleading. Why they've given a date rather than rely upon the language of the regs, I don't know. Whether the 'or' is seen as being conjunctive or disjunctive doesn't help them IMO.
They have wrongly offered you an extra day to pay. Whether they would increase the charge is neither here nor there, they are required to state what's required in the regs. They do not have go use the exact words, but must convey the meaning and not mislead.
Wait for others.
The authority is barred from serving a new PCN, they have 28 beginning on the date they were notified of the revocation. Was 1 Sept. within this period? When you post the order we'll know.