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#Post#: 21929--------------------------------------------------
Code 52 PCN notice after 30 days of the Violation
DIR By: bobquestions
Date: May 9, 2024, 6:46 am
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Hello Experts,
I have a pcn from council about code 52, i was following my car
gps where the map was not updated and i totally missed the
signs. I used that road few times in last month. First PCN i got
from the council i paid as it was 65£, it was issued after 5
days of the violation. Now after week of paying that i got
another PCN of the same voilation that i did 30 days back.
Please find the information below, is the protection of freedom
does not state the council to issue these in 14 days of
violation. Is there a way to avoid this?
Date of contravention- 7th April
Date of notice is 3 May
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#Post#: 21956--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: fraser.mitchell
Date: May 9, 2024, 10:25 am
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They have 28 days to serve a PCN from date of contravention.
(Regulation 6)
HTML https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted
#Post#: 21958--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: Enceladus
Date: May 9, 2024, 10:34 am
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Protection of Freedoms doesn't apply as this is a Council PCN,
not private.
The time limit to serve is 28 days, subject to exceptions. Your
PCN was only issued on day 27 which was a Friday. So potentially
late as service is deemed to be the second working day after
posting, Wednesday the 8th May. (Monday the 6th was a bank
holiday.)
However most of the time this resolves to the Registered Keeper
details being a lease or finance company. Or a company car. So
is this a company or leased car? Do you actually have physical
possession of the V5c registration doc for the car and is your
name and address correct?
Is the PCN actually addressed to you?
#Post#: 21970--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: H C Andersen
Date: May 9, 2024, 11:55 am
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I think the PCN was issued on the last day for service i.e. 28
days beginning on 7 April gives 3 May.
My money's on they think 28 days refers to 'issuing'.
Straightforward reps on this point alone should succeed with the
council and would in any event carry the day at adjudication.
As the OP already paid a prior PCN which was issued 5 days after
that event with as far as we know the same MO then it's
reasonable to assume that they're the keeper.
But OP, let's put this point to bed pl, are you the registered
keeper?
#Post#: 22019--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: bobquestions
Date: May 10, 2024, 3:11 am
---------------------------------------------------------
thanks for the responses, Yes i am the registered keep and its
not a company car
#Post#: 22034--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: bobquestions
Date: May 10, 2024, 5:06 am
---------------------------------------------------------
Just to clarify i should write to the council that the notice
was issued on the 26th day and it was recieved on the 30th day
as there was a bank holiday.
Hence as per
HTML https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted<br
/>this is not valid?
#Post#: 22049--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: Enceladus
Date: May 10, 2024, 6:59 am
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The facts are:
07/04/2024 = Sunday = Date of alleged contravention and day 1 of
28 day relevant period
03/05/2024 = Friday = Day 27 of 28 day relevant period and date
of issue of PCN
04/05/2024 = Saturday = Day 28 of 28 day relevant period
08/05/2024 = Wednesday = 2nd working day after posting and
deemed date of service
Section 6, paragraph (1) of the London Local Authorities and
Transport for London Act 2003
HTML https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted<br
/>applies to you.
"6 Limitation on service of penalty charge notice
(1)Subject to the provisions of this section, no penalty charge
notice may be served under this Act after the expiry of the
period of 28 days beginning with the date on which the alleged
contravention or failure to comply occurred."
Post up a simple draft of what you intend to say for scrutiny.
Something like:
The Penalty charge exceeded the amount applicable in the
circumstances of the case.
Your Penalty Charge Notice was deemed served on Wednesday the
8th of May 2024, this is beyond the 28 days permitted to serve a
PCN under the 2003 Act.
The Notice is therefore null and void and cannot be enforced.
I look forward to your confirmation that the Charge has been
cancelled and the matter closed.
#Post#: 22076--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: bobquestions
Date: May 10, 2024, 9:57 am
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Appeal Against Penalty Charge Notice - Reference [JK11236403]
---------------------------------------------------------
Dear Southwark Council,
---------------------------------------------------------
I am writing to formally challenge the Penalty Charge Notice
(PCN) issued to [MJ21DGV] on [3 May] for [Code 52].
Our challenge is based on the provisions outlined in the London
Local Authorities and Transport for London Act 2003,
specifically Section 6, paragraph (1). This section stipulates
that no penalty charge notice may be served after the expiration
of 28 days from the date of the alleged contravention.
Upon review of the circumstances surrounding the issuance of the
PCN, it is evident that the notice was served beyond the
statutory 28-day period. The PCN was deemed served on Wednesday
the 8th of May 2024, which exceeds the allowable timeframe as
per the 2003 Act.
---------------------------------------------------------
Reference:Traffic Management Act 2004 :
---------------------------------------------------------
The PCN is deemed to have been served on the date 2 days
following the date on which the PCN was posted. PCNs may be
served by first class (but not second class) post within the
period of 28 days beginning with the date of the contravention
---------------------------------------------------------
Therefore, we assert that the Penalty Charge Notice is null and
void due to non-compliance with the statutory requirements
outlined in the London Local Authorities and Transport for
London Act 2003. As such, we request the cancellation of the
charge and the closure of this matter.
I kindly ask for your prompt attention to this appeal and look
forward to receiving confirmation that the Penalty Charge has
been cancelled.
---------------------------------------------------------
Yours faithfully,
#Post#: 22109--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: Enceladus
Date: May 10, 2024, 5:12 pm
---------------------------------------------------------
--- Quote from: bobquestions link ---
>
> Appeal Against Penalty Charge Notice - Reference [JK11236403]
>
---------------------------------------------------------
> Dear Southwark Council,
>
---------------------------------------------------------
>
> I am writing to formally challenge the Penalty Charge Notice
(PCN) issued to [MJ21DGV] on [3 May] for [Code 52].
>
> Our challenge is based on the provisions outlined in the
London Local Authorities and Transport for London Act 2003,
specifically Section 6, paragraph (1). This section stipulates
that no penalty charge notice may be served after the expiration
of 28 days from the date of the alleged contravention.
>
> Upon review of the circumstances surrounding the issuance of
the PCN, it is evident that the notice was served beyond the
statutory 28-day period. The PCN was deemed served on Wednesday
the 8th of May 2024, which exceeds the allowable timeframe as
per the 2003 Act.
>
---------------------------------------------------------
> Reference:Traffic Management Act 2004 :
>
---------------------------------------------------------
> The PCN is deemed to have been served on the date 2 days
second working day following the date on which the PCN was
posted. PCNs may be served by first class (but not second class)
post within the period of 28 days beginning with the date of the
contravention
>
>
---------------------------------------------------------
> Therefore, we assert that the Penalty Charge Notice is null
and void due to non-compliance with the statutory requirements
outlined in the London Local Authorities and Transport for
London Act 2003. As such, we request the cancellation of the
charge and the closure of this matter.
>
> I kindly ask for your prompt attention to this appeal and look
forward to receiving confirmation that the Penalty Charge has
been cancelled.
>
---------------------------------------------------------
> Yours faithfully,
>
--- End Quote ---
The TMA 2004 does not apply. This is a London Local Authorities
and Transport for London Act 2003 PCN
#Post#: 22641--------------------------------------------------
Re: Code 52 PCN notice after 30 days of the Violation
DIR By: ivanleo
Date: May 15, 2024, 5:05 pm
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[member=1696]bobquestions[/member] have you sent the
representation?
If not, send it asap via the council website, and make sure to
keep a screenshot of the confirmation page, make sure to
incorporate the amendments suggested by Enceladus.
For completeness (not that it makes any difference in this case)
section 6 of the 2003 Act has been repeatedly amended and a
consolidated version is not available from the legislation
website, so I've made my own here
HTML https://drive.google.com/file/d/1N-r55RfftplshHSr1XpyiqoVQTxfEAiV/view.
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