OP---wait for other comments and see if you can upload the Council's photos.
The PCN is still flawed so, subject to other input, I would send something like this within the 14 day discount period:-
Dear sirs,
PCN Number ??????
I wish to appeal against the PCN noted above since the Council has served an invalid PCN.
The PCN presents a number of Procedural Improprieties which renders it a nullity for enforcement purposes because they contravene the enabling legislation.
1. The PCN states that failure to pay will result in an increased charge. This relates to the Charge Certificate procedure. The legislation does not impose a mandatory obligation on the Authority to serve a Charge Certificate where the Penalty Charge Notice remains unpaid and an appeal is not submitted. The legislation indicates the Council “may” but the Council indicates that charge “will” be increased rather than considering whether to do so under their discretionary power. This represents a procedural impropriety.
As regards the will/may situation I would refer the Council to TPT case UW05060M which adequately describes the issue.
2. The second issue on the PCN is that, in specifying that the charge will be increased and that action by bailiffs will occur, the Council has indicated action will be taken well before it should. This step is procedurally premature and prejudicial to the PCN recipient.
This represents a procedural impropriety which renders the PCN a nullity and unenforceable. The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 clearly states:-
4(5) In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular—
(a) the taking of any step, whether or not involving the service of any document, otherwise than—
(i)in accordance with the conditions subject to which; or
(ii)at the time or during the period when, it is authorised or required by the General Regulations or these Regulations to be taken;
I argue that the Charge Certificate actions noted in a PCN mean the Council has taken a step long before it is due and therefore this represents a procedural impropriety.
With respect, I would ask the Council to cancel the PCN on the above grounds.
Yours
The will/may ground is contained in this thread:-
http://forums.pepipoo.com/index.php?showto...p;#entry1112582Mick