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#Post#: 55706--------------------------------------------------
Redbridge PCN - Parking
DIR By: ozamaki
Date: January 29, 2025, 5:55 am
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I’m hoping someone can provide some advice regarding a PCN
my brother received while driving my car. Here’s the
situation:
- My brother got a ticket because he selected the wrong car on
the RingGo app (the parking would’ve been free otherwise).
- A yellow PCN was put on the car, but unfortunately, it got
lost before we could address it.
- The "Notice to Owner" was dated 27th December.
- Due to some miscommunication between my brother and me, we
didn’t appeal the ticket at the time.
- Now, I’ve received the "Charge Certificate" dated 27th
January.
I have a couple of questions:
- Is it too late to appeal, considering the Charge Certificate
was issued on 27th January?
- Is there any argument suggesting the date of the Charge
Certificate (27th January) was served too early?
- When does the 28-day period for appealing start—does it
begin from the date of the Notice to Owner (27th December), or
when the letter was actually received?
Images link:
HTML https://imgur.com/a/mfirGrQ
I’d appreciate any advice or suggestions on what steps I
can take now.
#Post#: 55722--------------------------------------------------
Re: Redbridge PCN - Parking
DIR By: fraser.mitchell
Date: January 29, 2025, 7:13 am
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So, your brother got a PCN and you basically ignored it for
reasons unknown. Then you got a Notice to Owner, and you ignored
that too. Finally you received a Charge Certificate which
increased the penalty by 50%.
This means all your options for submitting representations
expired without any being submitted. There is a process to get
the matter reverted to the NtO stage, but the circumstances
listed on the relevant form don't match your circumstances.
The PCN, NtO, and CC are all served under the Traffic Management
Act 2004. This gives the recipient 28 days from date of service
to pay or submit reps for both PCN and NtO. So the 28 days
before a CC can be served is taken from 2 days after the NtO
date of 27th December.
If they have served it too early, then you need to contact them
asap, stating that you were about to submit reps. If it was on
time, then you would ask if they will accept late reps. You
could do this on the reps your would like to submit, but they
have no legal obligation to accept them.
I'm afraid tardiness in dealing with parking tickets never turns
out well.
#Post#: 55727--------------------------------------------------
Re: Redbridge PCN - Parking
DIR By: ozamaki
Date: January 29, 2025, 7:33 am
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--- Quote from: Incandescent link ---
>
> So, your brother got a PCN and you basically ignored it for
reasons unknown. Then you got a Notice to Owner, and you ignored
that too. Finally you received a Charge Certificate which
increased the penalty by 50%.
>
> This means all your options for submitting representations
expired with any being submitted. There is a process to get the
matter reverted to the NtO stage, but the circumstances listed
on the relevant form don't match your circumstances.
>
> The PCN, NtO, and CC are all served under the Traffic
Management Act 2004. This gives the recipient 28 days from date
of service to pay or submit reps for both PCN and NtO. So the 28
days before a CC can be served is taken from 2 days after the
NtO date of 27th December.
>
> If they have served it too early, then you need to contact
them asap, stating that you were about to submit reps. If it was
on time, then you would ask if they will accept late reps. You
could do this on the reps your would like to submit, but they
have no legal obligation to accept them.
>
> I'm afraid tardiness in dealing with parking tickets never
turns out well.
>
--- End Quote ---
Thanks - Does the 2 days mean 2 working days?
As the 27th December was a Friday, does that mean the 28 days
would have started from the 31st December?
This means the 28th day would have been exactly on the date of
the notice?
#Post#: 55739--------------------------------------------------
Re: Redbridge PCN - Parking
DIR By: H C Andersen
Date: January 29, 2025, 9:34 am
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IMO, no.
NTO dated Fri. 27th Dec. deemed served Tue. 31 Jan.
The 28-day period begins on the date of service, not 28 days
from, therefore the last day of the 28-day period was 27 Jan.
The law regarding a CC is:
...the enforcement authority which served the notice may serve a
charge certificate
(b)in any other case[this is you], the period of 28 days
beginning with the specified date.
(3) For the purposes of paragraph (2)(b) “specified date” means—
(a)where P does not make any representations under regulation 5
of the 2022 Appeals Regulations, the date on which the
enforcement notice is served or given;[this is you]
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/21/made
I've highlighted the key term i.e. serve.
A CC dated 27 Jan. is presumed served 29th. which is therefore
not premature.
Some authorities chance their arms, as here, by issuing a CC
before the reps period has expired(therefore hoping that reps
would not be made on this date) but which would be served after
the expiration of the period.
If the situation should arise again with this authority then
providing reps may be made online or by email then IMO day 28 is
the date to wait for.
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