Today’s the day I send off my challenge to the Penalty Charge Notice. I went to see my solicitor on Friday and he was appalled by the content of the PCN. Interestingly, he said that the technique of offering people a discounted fine to plead guilty was being used increasingly in the courts. I guess that’s one way of clearing the backlog of cases.
We discussed various options, and having thought about it over the weekend I have decided that the next step will be a challenge. I will tick box B “The contravention did not take place. (please explain below)”. To avoid prejudicing the case I will refrain from detailing my explanation until I get a response. So, in a few days either the PCN will be cancelled, or if the challenge is rejected I shall be granted the right of appeal to the London Parking and Traffic Appeals Service.
One of my (many) gripes is about the misleading wording of this sentence on the PCN:
“Once representations have been considered we will inform you of the decision, and will, if necessary, inform you of how to appeal to the Independent Traffic Adjudicator. ”
Because capital letters have been used you might think that there is an office or agency called the Independent Traffic Adjudicator. Well you can Google it ‘till you’re blue in the face; nothing is out there with that name. What it should say is:
“…how to appeal to the London Parking and Traffic Appeals Service.” (acronym PATAS)
Or if they insist on obfuscation:
“…how to appeal to an independent traffic adjudicator. ”
If you live outside London then you appeal to the National Parking Adjudication Service.
I have come across one more publicised successful appeal where a yellow box at the junction of Southampton Row and Proctor Street was ruled to be “unenforceable”. We need a lot more cases like this and that of Dr. Fielden.
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