PaTAS adjudicator: commiting offence to enforce "offends natural justice"

[BGB]

http://www.patasregistersofappeals.org.uk/StatReg/case.aspx?caseref=2120136111

The penalty charge notice has been issued for being "stopped on a restricted bus stop stand".  It has been issued by CEO using a mobile camera device. The CEO's own vehicle appears to be stopped at the same location and therefore also in contravention. It would therefore offend the rules of natural justice for the enforcement authority to continue enforcing this penalty charge notice. I also find that there has been a procedural impropriety
 The Regulations define "procedural impropriety" as  meaning
  " a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular-
(a)the taking of any step, whether or not involving the service of any document, otherwise than-
(i)in accordance with the conditions subject to which; or
(ii)at the time or during the period when,
it is authorised or required by the General Regulations or these Regulations to be taken; and
(b)in a case where an enforcement authority is seeking to recover an unpaid charge, the purported service of a charge certificate under regulation 21 of the General Regulations before the enforcement authority is authorised to serve it by those Regulations.
 
The appellant claims that the local authority have issued a charge certificate dated 22 nd  March  when an appeal had been made to this tribunal. The appeal form was received from the appellant on the 8th March which is within the 28 days of the Notice of Rejection which was the 27/02/12. However due to an error on the part of the enforcement authority the Notice of Rejection date was incorrectly entered on the appeal form as being the 27/01/12. As a consequence there was a delay in registering the appeal as the appeal was originally considered as being out of time.
 However the regulations only allow the issue of Charge certificate if no appeal has been made within the requisite time period and not when an appeal is registered or the local authority receive notification of the same. I am therefore satisfied that there has been a procedural impropriety and allow this appeal