Mr Xxxxx drew to my attention that the payment slip states that payment must be made in 14 days beginning when the notice is served. This of course is wrong and contrary to the correct instruction in the body of the notice.
In R (Barnet) v The Parking Adjudicator, CO/3355/2006, (judgment 2 August 2006), Mr Justice Jackson stated that a payment slip is not part of the penalty notice.
That case involved an on-street penalty.
This case involves a penalty notice-comprising documents-served by post.
I can therefore distinguish the judgment.
In any event in the case of Hackney Drivers Association Limited v The Parking Adjudicator and Lancashire County Council CO/7565/2012 on 31st October 2012 Mr. Justice Raynor when considering a penalty notice asked at paragraph 11 of his judgment, "what was fairly conveyed by the penalty notice, read as a whole?" The recipient requires certainty.
I find that the recipient of the penalty notice document read as a whole does not receive certainty.
I will therefore allow the appeal.
I find that there is no requirement to make judgment on the adequacy of the signage issues.