Register Kept Under Regulation 20 of the Road Traffic (Parking Adjudicators)(London) Regulations 1993, as amended or Paragraph 21 of the Schedule to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, as applicable
Case Reference:2090397156 Appellant:Mr Graham William Stubbs Authority:Westminster VRM:R802ETX PCN:WM55857032 Contravention Date:14 Jun 2009 Contravention Time:00:50 Contravention Location:Rathbone Place Penalty Amount:£120.00 Contravention:Failing to comply with a sign indicating a prohibited turn Decision Date:31 Oct 2009 Adjudicator:Andrew Harman Appeal Decision:Allowed Direction:cancel the Penalty Charge Notice. Reasons:The Appellant appeared before me today accompanied by Ms Campbell.
He had in his Representations in response to the Penalty Charge Notice (PCN) made submissions concerning whether or not the PCN was compliant.
The Appellant submitted that the Authority had not in its Notice of Rejection addressed what he had said.
I was satisfied that this was so. I was not therefore satisfied that the Authority had considered the Appellant's Representations as in law it is required to do.
On hearing the Appellant on the point I was not satisfied that the information given on the PCN as to the date by which Representations should be made was correct. Paragraph 1 (3) of Schedule 1 to the London Local Authorities and Transport for London Act 2003 provides that, in effect, the recipient of a PCN has 28 days from the date of service of the PCN in which to make Representations. The PCN in this case stated that the 28 days commenced with the date of notice thereby I found shortening the time period in which Representations could be made. The penalty charge was not therefore I found for this reason enforceable.
The appeal was for the reasons given allowed.