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PCN issued in English only where Council bound by Welsh Language Standards

Welsh Language Standards bind 25+ Welsh local authorities and require correspondence and notices issued to the public to be available in Welsh, with the recipient given an effective choice of language. A PCN, Notice to Owner, or Charge Certificate served in English only — without a Welsh-language equivalent or any indication of how to obtain one — breaches the relevant Standards (typically Operational Standards 1–10 and Service Delivery Standards 17–22). A defective notice cannot lawfully progress to recovery.

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

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