3. 56 day limit for council to respond
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56 day limit for council to respond
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Does the 56 day limit apply to moving traffic PCNs? As in the council needs to respond in that time otherwise the reps are considered accepted.
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Re: 56 day limit for council to respond
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The 56 day limit is for responding to formal reps to a parking PCN.

With moving traffic an informal rule of thumb is 3 months, after which an adjudicator may find for you owing to unreasonable delay.

If you want help post the materials and amend the title as per the read this first sticky.
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Re: 56 day limit for council to respond
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Re: 56 day limit for council to respond
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Thank you - I'm fine with challenging, just wondering about the 56 day rule.

I got a PCN with Havering.

On their website, they say "We have up to 56 days to process your appeal and we will write to you once it has been processed.". It does not specify about it being a moving traffic PCN or not.

And in my challenge, I received an email receipt saying "Please keep this for your records, we aim to respond to your correspondence by post or email, within 56 days. In the meantime, your case is on hold.

London Borough of Havering".

It seems legally as you said it only applies to parking but wondering if the above holds any grounds for cancellation.
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Re: 56 day limit for council to respond
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Most of the London council websites are c**p
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Re: 56 day limit for council to respond
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Unfortunately not. If you scroll up from 6, you'll see that4, 5 and 6 are all parts of chapter 2, which applies...

"...where a person—

(a)is served with a notice to owner, or

(b)is served with a regulation 10 penalty charge notice and the penalty charge to which it relates has not been paid."

To find the definition of a "regulation 10 penalty charge notice", you need to go to regulation 10 here: https://www.legislation.gov.uk/uksi/2022/71 where you'll find a cryptic phrase saying the regulation only applies to moving traffic conventions if they are "OGL moving traffic contraventions". If you then go up to the definitions you'll learn that OGL means "Outside Greater London". As Havering is part of Greater London, your PCN is under a different set of regulations.
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Re: 56 day limit for council to respond
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Please give us the full details.
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