A judgement in the legal case Stannard v CPS found that local authorities should have a process for considering written requests to amend or withdraw CPNs. The judgement stated that:

(*) (T)here is a power for an authorised person to revoke or vary a CPN, as well as issue one. If an affected person sends written representations to such an authorised person with a reasoned case that the CPN is inappropriate, on ordinary public law principles, the authorised person will have to consider those representations when considering the exercise of his discretion as to whether to retain, or revoke or vary, the notice…. It is not for this court to tell authorised persons how to go about their decision-making, but we would think it a minimum that such persons should operate a system for receiving and adjudicating requests for variation or discharge of CPNs; and that relevant information should briefly be given with any CPN about how to seek a variation or discharge…. (Judgement in Stannard vs CPS)

Submitting a written request to amend or withdraw a CPN may be an attractive alternative to a Magistrate’s appeal, since it avoids the risk of legal costs and facing expensive professional barristers. You should note the following:

• The local authority should have provided information on the CPN about how to seek a variation or discharge. If this information has not been provided then you have a right to ask for it.

• The local authority should operate a ‘system’ for receiving and adjudicating requests. This suggests some formal procedure and oversight, rather than merely forwarding requests to the issuing officer. If the local authority does not seem to have a ‘system’ for considering requests then you have a right to request one.