3. Redbridge PCN - Parking
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Redbridge PCN - Parking
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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: https://imgur.com/a/mfirGrQ

I’d appreciate any advice or suggestions on what steps I can take now.
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Re: Redbridge PCN - Parking
« Reply #1 on: »
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.
« Last Edit: January 29, 2025, 01:33:18 pm by Incandescent »
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Re: Redbridge PCN - Parking
« Reply #2 on: »
Quote from: Incandescent on January 29, 2025, 01:13:47 pm
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.

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?
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Re: Redbridge PCN - Parking
« Reply #3 on: »
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]

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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