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PCN issued in English only by a Welsh council

Certain Welsh councils must offer all public-facing notices — including a penalty charge notice (PCN), Notice to Owner, and Charge Certificate — in both Welsh and English. The recipient must have a real choice of language, not just English. If your notice was English only, with no Welsh text and no indication that a Welsh version exists or how to get one, the notice was not issued correctly and cannot lawfully be used to pursue payment.

Legal basis

Welsh Language (Wales) Measure 2011 s.26; Welsh Language Standards (No. 1) Regulations 2015 (SI 2015/996), Operational Standards 1–10; Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 (WSI 2013/362)

How to identify this in your case

Examine the PCN, NtO and Charge Certificate. If it is English-only, contains no Welsh greeting or indication that a Welsh version is available, and is issued by a Council named in WSI 2015/996 or holding bespoke Standards, this defence applies.

Sample appeal wording

Dear Sir/Madam, Re: PCN [PCN_NUMBER] I challenge this PCN on the basis that the notice served on me does not comply with [COUNCIL_NAME]'s Welsh Language Standards. Under the Welsh Language Standards (No. 1) Regulations 2015 (or the bespoke compliance notice issued to the Council under section 44 of the Welsh Language (Wales) Measure 2011), the Council must (a) issue correspondence in Welsh where the recipient's preference is unknown, or (b) provide a Welsh version on request and indicate that this is available. The PCN I received is wholly in English; it contains no Welsh greeting, no Welsh translation, and no statement that a Welsh-language version may be obtained. Under Regulation 4(1)(c) of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013, a representation may be made on the basis of any procedural impropriety. A breach of statutory Welsh Language Standards in the issue of the very notice founding the penalty is such an impropriety. I request cancellation. If refused, I will appeal to the Traffic Penalty Tribunal and request that the Welsh Language Commissioner be invited to comment. Yn gywir / Yours faithfully, [NAME]

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

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Sources

  • legislation.gov.uk/mwa/2011/1
  • legislation.gov.uk/wsi/2013/362
  • welshlanguagecommissioner.wales

Related appeal grounds

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