Contravention Code 01

purple.neon

coblcris,

Very many thanks for you detailed reply, can I just make sure I understand exactly what it is suggested I do, I went with an informal appeal on line to find out exactly what I was supposed to have done wrong, this was rejected as expected, but I was told I had not displayed an arrival time along with my passengers disabled badge. This is correct, a misunderstanding of the rules on my part (no excuse I accept, but fact).

I could appeal on the grounds of a first 'blue badge' offence, which the DC lists as an example of 'discretionary grounds' but refers to failure to: 'display a blue badge' the PCN would be cancelled on the first occasion, not technically exactly the same as not displaying an arrival time disc.

If they reject this I still can appeal to an independant adjudicator on the grounds you mention that the PCN is not enforcable, but I have given them the chance to go with the easy option first.

You mention three things, could I clarify if it is suggested I appeal all three as being reasons the PCN is not enforceable, those being:
1: The credit card surcharge message is still visable on the PCN.
2: The CEO or whoever should not have defaced the PCN by trying to put a thin line through the surcharge message (does this really invalidate it?) What exactly is the correct terminology for the CEO's error here.
3: There was no option to pay by cash offered on the PCN which there should have been.

The DC on their web site say you can pay by cash at their offices and that the credit card surcharge is not applicable, so would no doubt use this as their defence.

I don't want to blow it having managed to get this far, so want to get everything exactly right, not just nearly right.

Coblcris

Appeal on everything.
the council has a duty not to fetter its discretion at ANY stage of the process, add that in.
Their website assists your argument. Is the official paperwork that must be correct so although the website is not 'statutory' it assists your case.

The CEO has defaced an official document' he has no authority to amend the text of the PCN 'Roll you own' PCNs are not permissable. the council has had plenty of time to correct its PCNs since 3663 FIRST FOR FOOD SERVICE V LONDON BOROUGH OF CAMDEN which was decided on 14 August 2009.
The Council has not made the PCNs compliant.
This is a failure of their statutory duty and goes against the principles of public law.

Go to PATAS website and look in the Key Cases to get this decision. there are a couple of others so quote those case names as well..

Coupon-mad

I think PTP mentioned the 'within' wording on the back of the PCN might be wrong as well?