LEZ — Notice of rejection fails reg 9(4) mandatory content

When council rejects representations under reg 9(3), NoR MUST contain (a) reasons on each ground; (b) right to appeal to FtT and appeal period; (c) reg 8(4) grounds verbatim; (d) manner and form for appeal; (e) FtT's power to award expenses; (f) 50% reduction if paid within 14 days of NoR; (g) charge certificate consequences. Omission — particularly (e) and (f) — is procedural breach the FtT regularly accepts as ground for cancellation.

Legal basis

SSI 2021/177 reg 9(4)(a)–(g)

How to identify this in your case

Read rejection letter against reg 9(4). Missing tribunal address, missing 50% post-rejection discount, missing expenses statement, formulaic 'we have considered'.

Sample appeal wording

Dear [COUNCIL], Re: PCN [PCN_NUMBER] — NoR dated [NOR_DATE] The NoR does not comply with reg 9(4). Specifically: [list — (a) does not give reasons addressed to each ground I raised; (e) does not state FtT has power to award expenses; (f) does not state that if I pay within 14 days of NoR the charge will be reduced by 50%]. I request you (i) withdraw the NoR and re-issue a compliant notice or (ii) cancel the PCN. Otherwise I will appeal to FtT(Scotland) on the basis the NoR is procedurally defective and natural justice has been denied. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

SSI 2021/177 reg 9(4)