Charge Certificate Issued While Representations Pending

A Charge Certificate (which increases the penalty by 50%) may be served only after the relevant period has elapsed. Where the recipient made timely representations that remain undetermined, or has a duly-made appeal still pending, that period has not elapsed. In England the relevant period is regulation 21 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71); in Wales the equivalent is regulation 20 of SI 2013/362.

Legal basis

Traffic Management Act 2004, Part 6. In England, regulation 21 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71) permits a charge certificate to be served only after the applicable relevant period has elapsed. The relevant period is 14 days beginning with the day on which an appeal is withdrawn, or otherwise 28 days beginning with the specified date. The specified date is: service or giving of the enforcement notice where no representations are made; service of the notice of rejection where no appeal is made; notification that the authority does not accept an adjudicator's recommendation to cancel; or, following an unsuccessful appeal where that recommendation branch does not apply, service of the adjudicator's decision on the person. In Wales, regulation 20 of the Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 (SI 2013/362) is the equivalent provision. A charge certificate served while duly-made representations or a duly-made appeal remain undetermined does not follow that timetable.

How to identify this in your case

You made formal representations, or filed an appeal, and then received a Charge Certificate before a decision. Cross-reference the dates of your representations/appeal, any acknowledgement, and the Charge Certificate.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

A Charge Certificate has been issued in respect of this PCN. However, [timely formal representations were made on DATE and no notice of rejection has since been served / a duly-made appeal under reference X remains undetermined]. In England, regulation 21 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (SI 2022/71) permits a Charge Certificate to be served only after the applicable relevant period has elapsed (in Wales, regulation 20 of SI 2013/362 is the equivalent). The authority is put to proof of the applicable branch of that provision, the trigger date it relies on, and the date the Charge Certificate was served. If the authority cannot establish that the Charge Certificate was served only after the applicable relevant period had elapsed, it is requested not to pursue the increased charge and to withdraw the Charge Certificate.

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Sources

Traffic Management Act 2004, Part 6
Civil Enforcement (England) Regulations 2022 (SI 2022/71) reg 21
Civil Enforcement (General Provisions) (Wales) Regulations 2013 (SI 2013/362) reg 20