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#Post#: 1380--------------------------------------------------
Re: PCN. Code 01 violation - Parking in Restricted Street:
Romeland Hill, St Albans
DIR By: guest179
Date: July 17, 2023, 4:15 am
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Strictly speaking the NTO could be served at any time after the
expiry of the 28-day period in the PCN, i.e. any time after
mid-Feb:
Notice to owner
20.—(1) Where—
(a)a penalty charge notice has been given with respect to a
vehicle under regulation 9, and
(b)the period of 28 days specified in the penalty charge notice
as the period within which the penalty charge is to be paid has
expired without that charge being paid,
the enforcement authority concerned may serve a notice (a
“notice to owner”) on the person who appears to it to have been
the owner of the vehicle when the alleged contravention
occurred.
However, the authority have compromised their position by
undertaking to accept the discount as full settlement up to 10th
July, they cannot therefore serve a NTO prior to this date. They
could issue a NTO on 7th and if this was not served until 11th
then they would be in the clear.
But this is a risk they ran. And in this case the OP says they
have evidence that the NTO was delivered prior to 11th.
The grounds IMO are 'penalty exceeded the amount applicable...in
the circumstances of the case.'
#Post#: 1383--------------------------------------------------
Re: PCN. Code 01 violation - Parking in Restricted Street:
Romeland Hill, St Albans
DIR By: ivanleo
Date: July 17, 2023, 4:30 am
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I think the grounds are procedural impropriety, as that includes
service of any document at a time when service is neither
authorised nor required by the regulations. As you say, they ran
a risk and it didn't work out for them.
#Post#: 1385--------------------------------------------------
Re: PCN. Code 01 violation - Parking in Restricted Street:
Romeland Hill, St Albans
DIR By: guest179
Date: July 17, 2023, 4:51 am
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The regs only limit service of the NTO to any time after 28 days
of the initial PCN not being paid and it's now nearly 5 months.
What scuppers them is their undertaking, which is not regulatory
but none the less fatal.
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