DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: The Flame Pit
       *****************************************************
       #Post#: 102639--------------------------------------------------
       Re: Moving traffic PCNs missing mandatory information. The Londo
       n Local Authorities and Transport for London Act 2003.
       By: Hippocrates Date: December 16, 2025, 5:57 am
       ---------------------------------------------------------
       [quote author=Hippocrates link=topic=7569.msg86653#msg86653
       date=1755783485]
       For future ease of reference:
       [s]
       I make this collateral challenge against the validity of
       [/s][s]the PCN as it is missing mandatory information as
       provided at Para. 4 (8 ) (v) of
  HTML https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
       (v)that, if the penalty charge is not paid before the end of the
       28 day period, an increased
       charge may be payable.
       Clearly, this refers to Para. 4 (8 ) (iii):
       (iii)that the penalty charge must be paid before the end of the
       period of 28 days beginning
       with the date of the notice;
       Therefore, it follows that the statement: "If you fail to pay
       the Penalty Charge or make representations before the end of a
       period of 28 days beginning with the date of service of this
       notice an increased charge of £240 may be payable” adds to the
       lack of clarity by its omission. Even on its own, whether the
       required information was included or not, it is also arguable
       that it conflates the two periods using the word "or" which many
       would view as being conjunctive. Furthermore, even if the
       statement were to be interpreted disjunctively, there is still
       no clarity due to the missing information. So, it follows that
       it cannot possibly be interpreted disjunctively.
       [/quote]
       The PCN is missing mandatory information as provided at Para. 4
       (8 ) (v) of
  HTML https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
       (v)that, if the penalty charge is not paid before the end of the
       28 day period, an increased
       charge may be payable.
       Clearly, this refers to Para. 4 (8 ) (iii):
       (iii)that the penalty charge must be paid before the end of the
       period of 28 days beginning
       with the date of the notice;
       Therefore, it follows that the statement: "If you fail to pay
       the Penalty Charge or make representations before the end of a
       period of 28 days beginning with the date of service of this
       notice an increased charge of £240 may be payable” adds to the
       lack of clarity by its omission. Even on its own, whether the
       required information was included or not, it is also arguable
       that it conflates the two periods using the word "or" which many
       would view as being conjunctive. Furthermore, even if the
       statement were to be interpreted disjunctively, there is still
       no clarity due to the missing information. So, it follows that
       it cannot possibly be interpreted disjunctively.
       *****************************************************
   DIR Next Page