Is there a defence if the website keeps crashing every time you try to submit?
This is now the basis of my appeal - what do you nice people think?
Firstly, your PCN states:
"Making a prohibited turn as indicated by a sign will cause danger to other road users and so a PCN is issued."
If this is true then I would expect to see more signage on the approach to the junction. I would also expect to see right turns prohibited and a 24 hour restriction in place. The CCTV footage does not show me being a danger to any road user. I am a road user who missed the one and only sign due to focusing on traffic and navigation (not a regular in the area) during poor weather.
Secondly, your PCN states:
"If the penalty charge is not paid before the end of the 28 day period, an increased charge of £195 may be payable (this is a 50% increase of the Penalty Charge amount). We may then send you a Charge Certificate seeking payment of this increased amount. At this stage it would be too late to make representations."
This is in breach of Section 4(8)(a) of the London Local Authorities and Transport for London Act 2003
I refer you to the PATAS cases: '2170469036 Antell v London Borough of Barnet' and '2170053479 Atlas v London Borough of Barnet.'
Within these cases, both adjudicators allowed these appeals on the following basis:
Section 4(8)(a) of the London Local Authorities and Transport for London Act 2003 provides that A penalty charge notice under this section must [amongst other things] state … (iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; … (v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable; (vi) the amount of the increased charge; … and (viii) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to the Act; and (8)(b) requires that they specify the form in which any such representations are to be made.
Paragraph 1(3) of the Schedule provides that the enforcing authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served.
Your PCN begins on 6th November 2017 but this was not served on me (arriving at my house) until the 9th November 2017.
Within the aforementioned cases, the appellant correctly points out that in his case the Penalty Charge Notice states: ‘The penalty charge of £130 must be paid not later than the last day of the period of 28 days beginning with the date of this notice. If the penalty charge is not paid before the end of the 28 day period and no representations have been made, an increased charge of 50% to £195 may be payable and a charge certificate may be issued.’
The appellant successfully submitted that this wording is not compliant with the requirements of the 2003 Act and, further, effectively limited the time he had to make representations.
Both adjudicators accepted this submission recognising that the wording does not comply with the requirements of the Act and therefore effectively limits the time a recipient has to make representations or, indeed, to pay the full penalty charge before a Charge Certificate is issued.
As a result of of the above, I hope to see my PCN cancelled based on: the fact that the limited signage in on a busy road in the rain was not adequate; the fact that there clearly was no danger to any other road user; the PCN is in breach of the 2003 act.