i've created this draft using the information i found on the forum.. hopefully its not the worst letter you have laid your eyes on.. any changes? >.<
Dear Sir or Madam,
Your PCN is null and void and, therefore, unenforceable as it does not comply with the legislation as follows:
The alleged contravention did not occur
The PCN states the contravention as:
01 Parked in a restricted street during prescribed hours
There are no signs in the area indicating that Sweet Street is a restricted street or what hours the restrictions are in force. Parking restrictions must be clearly signed for them to apply.
There is no yellow line where I parked and I have attached photographs that clearly show this.
Additionally, the PCN alleges “parked on a restricted street”, the grounds given by the PCN issued does not in law give rise to a contravention. This would occur if parking took place during prescribed hours. However this is not stated on the PCN.
Furthermore, I would like to state the following as the PCN is seriously defective:
1. Uses will rather than may:-
http://www.legislation.gov.uk/uksi/2007/34...ulation/21/madeCharge Certificates--
21(1) Where a notice to owner is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the authority serving the notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased by the amount of the applicable surcharge.
Also, at that stage you make formal representations. These are either accepted or rejected!
rely upon the following PATAS decisions2110072817, 2100649871 & 2110415753
2. The second statement completely and utterly jumps several stages in the process, again in a most intimidating manner, making a sweeping threat which is wholly non-compliant with the law.
http://www.legislation.gov.uk/uksi/2007/34...ulation/22/madeEnforcement of charge certificate
22. Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the enforcement authority may, if a county court so orders, recover the increased charge as if it were payable under a county court order.
Additionally, I am challenging the PCN to be seriously defective on the grounds that it fails to comply with the mandatory requirements of paragraph 1(e) to the Schedule to the General Regulations in that the grounds on which the CEO believes that a penalty charge is payable do not comply with the mandatory provisions of The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.
These provisions are mandatory whether the PCN is produced by a machine or handwritten, as in this case, and therefore the PCN must be cancelled.
Also I would like to point out the PCN;
1. Has to indicate the £ amount of the discount;
2. Misses 3.2(b) of the Appeal Regulation i.e;
(b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i) those representations will be considered;
(ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner
I require you to cancel it forthwith and with immediate effect.
Yours faithfully