Letter to the independent adjudicator
Suggested text of appeal to the independent adjudicator
You must decide whether the template is appropriate for your circumstances. No guarantees are offered and if you lose at adjudication then you will have lost your discount.
Please let us know how you get on. You may also wish include other content in your letter. For example the decison against Westminster council who did not sequentially number the frames of their recordings thereby rendering their CCTV system non-compliant. (See general cctv section for details.)
Penalty Charge Notice (insert PCN number)
Vehicle Reg Number (insert vehicle registration number)
The basis of my appeal is set out in my letter of the [date] to [name] Council. I attach a copy of this and their rejection dated [insert date]
My appeal is on two grounds.
Firstly that the council have acted against the statutory guidance issued to all councils in March 2008 as regards CCTV enforcement. They should clearly not have used such enforcement at this location for the reasons given in my letter. I refer to the case of Sainsbury’s VS Camden case number 211001669A.
Secondly even if they were not acting against the guidance (which they are) they should have clear road side signage advising of this type of enforcement. I attach a letter by the information commissioner’s office which confirms that signage is “Compulsory”. The information commissioners office have also confirmed that it is a legal obligation to install clear signage. Also Guidance issued to councils and transport for London by London Councils says that signage should be erected.