LEZ — Charge certificate served before payment period expired (reg 7)
Under reg 7 SSI 2021/177, council can only serve a charge certificate (uplifting charge by 50%) where payment period has expired AND no representations made AND no appeal pending AND recipient has not applied for late representations. Common errors: certificate served while reg 8 representations still under consideration; certificate served before 28-day payment period expired; certificate issued without original PCN having been validly served. Each renders certificate invalid and uplift unenforceable.
Legal basis
SSI 2021/177 reg 7; Transport (Scotland) Act 2019 s.7, s.8
How to identify this in your case
Charge certificate dated less than 28 days after PCN service; or while you have an open representation; or while a tribunal appeal is pending.
Sample appeal wording
Dear [COUNCIL], Re: PCN [PCN_NUMBER] and Charge Certificate [CC_NUMBER] The charge certificate dated [CC_DATE] is invalid: — Issued [N] days after PCN service of [PCN_DATE] — less than the 28-day payment period; or — Issued while my reg 8(1) representations dated [REP_DATE] were still under consideration; or — Issued while my appeal lodged on [APPEAL_DATE] was pending. Conditions for issuing a charge certificate under reg 7 were not met. The 50% uplift is unenforceable. Please withdraw and confirm in writing. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- SSI 2021/177 reg 7