Author Topic: Code 52 PCN notice after 30 days of the Violation  (Read 104 times)

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bobquestions

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Code 52 PCN notice after 30 days of the Violation
« on: May 09, 2024, 12:46:12 pm »
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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Incandescent

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #1 on: May 09, 2024, 04:25:32 pm »
They have 28 days to serve a PCN from date of contravention. (Regulation 6)

https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted

Enceladus

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #2 on: May 09, 2024, 04:34:15 pm »
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?
« Last Edit: May 09, 2024, 04:51:16 pm by Enceladus »

H C Andersen

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #3 on: May 09, 2024, 05:55:29 pm »
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?
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bobquestions

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #4 on: May 10, 2024, 09:11:49 am »
thanks for the responses, Yes i am the registered keep and its not a company car

bobquestions

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #5 on: May 10, 2024, 11:06:41 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 https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted this is not valid?


Enceladus

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #6 on: May 10, 2024, 12:59:15 pm »
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 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.
« Last Edit: May 10, 2024, 01:14:31 pm by Enceladus »
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bobquestions

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #7 on: May 10, 2024, 03:57:30 pm »
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,
« Last Edit: May 10, 2024, 04:07:57 pm by bobquestions »

Enceladus

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #8 on: May 10, 2024, 11:12:02 pm »
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,
The TMA 2004 does not apply. This is a London Local Authorities and Transport for London Act 2003 PCN
« Last Edit: May 10, 2024, 11:15:31 pm by Enceladus »
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cp8759

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Re: Code 52 PCN notice after 30 days of the Violation
« Reply #9 on: May 15, 2024, 11:05:32 pm »
@bobquestions 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.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order