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#Post#: 59195--------------------------------------------------
PCN served beyond 28 days after contravention
DIR By: Dholi93
Date: February 21, 2025, 9:53 am
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Council served me with the following PCN but the dates indicate
something I remember reading on another forum about PCNs having
to be issued within 28 days of the contravention, which this one
does not comply with.
Date of contravention: 11/01/2025
Date of notice 14/02/2025 (how romantic..)
ChatGPT advises to respond with the following:
My appeal is based on the fact that the PCN was served outside
the statutory 28-day period, as required under the applicable
regulations. According to my understanding, a PCN must be issued
and served within 28 days of the alleged contravention unless
specific circumstances apply to extend this timeframe. In this
case, I received the notice on [Date of PCN Receipt], which is
beyond the 28-day period from the date of the alleged
contravention.
As the PCN was not issued in accordance with the required time
limits, I believe it is invalid, and I kindly request its
cancellation. I would appreciate written confirmation of the
cancellation at your earliest convenience.
Am I grossly mistaken or is there anything else I should be
aware before firing off the appeal on these grounds?
Appreciate any advice.
[attachment deleted by admin]
#Post#: 59207--------------------------------------------------
Re: PCN served beyond 28 days after contravention
DIR By: stamfordman
Date: February 21, 2025, 10:47 am
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Is the car leased?
#Post#: 59216--------------------------------------------------
Re: PCN served beyond 28 days after contravention
DIR By: Dholi93
Date: February 21, 2025, 11:39 am
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It is… are they going to respond with the fact that this is the
quickest they could have issued it?
#Post#: 59224--------------------------------------------------
Re: PCN served beyond 28 days after contravention
DIR By: fraser.mitchell
Date: February 21, 2025, 1:54 pm
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Don't rely on ChatGPT, it is cr*p on this sort of thing.
In the legislation and the regulations under which your PCN has
been served, , the owner has responsibility for PCNs not the
driver. This means that a PCN would have first gone to the V5
holder for the car, which is the lease company. They then submit
reps stating they are a hire/lease company and pass on your name
and address. When the council cancel this (first) PCN, they have
28 days to serve a second, (to you),
#Post#: 59227--------------------------------------------------
Re: PCN served beyond 28 days after contravention
DIR By: H C Andersen
Date: February 21, 2025, 2:32 pm
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IMO, the grounds of 'hire' do not apply with leases because a
lease is not a hire agreement.
See p. 13:
HTML https://www.londontribunals.gov.uk/sites/default/files/ETA%20Annual%20Report%202022%20-%202023.pdf
Prima facie, the PCN has been served out of time, especially
since nothing in its wording says anything other than than the
bland statement to the effect that the council believe 'the
recipient [is] liable to pay'.
Make reps on the grounds that the PCN has been served out of
time(s6(1) of
HTML https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted
applies).
If the council believe that they are entitled to rely upon one
of the exceptions specified in s6, then they are obliged to
state which in the event that these representations are
rejected.
#Post#: 59628--------------------------------------------------
Re: PCN served beyond 28 days after contravention
DIR By: Dholi93
Date: February 25, 2025, 8:18 am
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Ok, I'm going to respond with the following today.
Penalty Charge Notice (PCN) Reference: CU6966
To Whom It May Concern,
I am writing to formally challenge Penalty Charge Notice (PCN)
CU6966, which was issued in relation to an alleged contravention
on 11/01/2025 at Tottenham Court Road W1 by the junction with
Howland Street.
My appeal is on the grounds that the PCN was served outside the
statutory 28-day period, making it invalid. Under Section 6,
Subsection 1 of the London Local Authorities and Transport for
London Act 2003, a PCN must be served within 28 days from the
date of the alleged contravention unless an extension applies.
In this case, I received the notice on 14/02/2025, which is
beyond the permitted time limit.
Since the PCN has not been issued in accordance with the legal
requirements, I respectfully request its immediate cancellation.
Please confirm in writing that this matter has been resolved.
Thanks for the guidance, I'll keep you updated with the outcome.
#Post#: 59658--------------------------------------------------
Re: PCN served beyond 28 days after contravention
DIR By: H C Andersen
Date: February 25, 2025, 11:06 am
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But you're not putting them on the spot to produce their
evidence should they claim one of the exemptions e.g. you are
considered to be the owner by virtue of being the hirer and that
they accepted reps made by the registered keeper on this basis
etc.
#Post#: 60864--------------------------------------------------
Re: PCN served beyond 28 days after contravention
DIR By: Dholi93
Date: March 6, 2025, 5:03 am
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Yes, I think you were correct.
Response came in the post yesterday;
NOTICE OF REJECTION OF REPRESENTATIONS AGAINST PENALTY CHARGE
NOTICE
- The London Local Authorities Acts 1990 - 2003
Verification code: 97C515
Contravention code: 33H
Using a route restricted to certain vehicles local buses and
cycles only.
Thank you for your representations received on 25/02/2025
regarding the above Penalty Charge Notice (PCN). Following my
investigation I have decided to formally reject your
representations for the reasons detailed below.
The enforcement camera recorded your vehicle in Tottenham Court
Road using a route restricted to certain vehicles. In this case,
the route was restricted to local buses only Monday to Saturday
8am-7pm.
This footage has been reviewed by a Civil Enforcement Officer
who has confirmed your vehicle was in contravention of the
restriction.
You have stated that the PCN was issued outside of the 28 day
period and therefore invalid, however, this does not provide an
exemption or sufficient mitigation to cancel the PCN.
With reference to the points, you have raised concerning the
time frame in which this PCN was issued, I can advise you that
the original PCN was sent to the registered keeper who are a
hire company on 17/01/25. On receipt of the PCN they had
notified us that the vehicle was on hire to you at the time of
the contravention, and we had transferred liability for the PCN
to you on 13/02/25. A PCN was subsequently issued to you on
14/02/25 and I am satisfied that the PCN was correctly served in
accordance with the London Local Authorities Acts 1990 - 2003.
With the exception of local buses, vehicles are not permitted to
travel in the route restricted to certain vehicles. The CCTV
footage shows your vehicle using a route restricted to local
buses only and I am enforcing this PCN
I have included CCTV images below for your reference and
enclosed a photograph of the signage at the location. You may
also view video footage of the incident online at
camden.gov.uk/pcn.
I'll bite the bullet and pay up this time. Just for my
reference, is there anything I should have said/ done in my
initial appeal differently to improve the chances of this being
overturned?
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