3. PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
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PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
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Hello, I have just received a PCN that has been issued 15/11/24 for the contravention 53J -failing to comply with a restriction on vehicles entering a pedestrian zone.
However, the notices arrived 29 days from the date of contravention (15/11/2024). So I now cannot pay or appeal.
Any advice on what I can do, please?
Many thanks
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Re: PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
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However, the notices arrived 29 days from the date of contravention (15/11/2024). So I now cannot pay or appeal.

So...
Are you the registered keeper,
Are the PCNs addressed to the address held by DVLA for this purpose,
Have you been in residence and able to receive mail during the period referred to?
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Re: PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
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Quote from: Crate24 on December 14, 2024, 12:43:54 pm
Hello, I have just received a PCN that has been issued 15/11/24 for the contravention 53J -failing to comply with a restriction on vehicles entering a pedestrian zone.
However, the notices arrived 29 days from the date of contravention (15/11/2024). So I now cannot pay or appeal.
Any advice on what I can do, please?
Many thanks

One PCN or more than one?

What is the date of the PCN (as opposed to the date of contravention)?

Please post the PCN here, only redacting yr name & address, and a GSV link toi the location. See
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Re: PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
« Reply #3 on: »
Hello again and thank you for replying. Here are the answers to your qs
- I have received only 1 PCN so far
- The date of the contravention is 15/11/2024 and the date of notice is 20/11/2024.
- I am the keeper but the driver was a friend
-  the PCNs addressed to the address held by DVLA
- the PCN arrived as a normal letter via letter box today 14/11/24, even though it has been posted as a 1st class Royal Mail.

Here is the link to photos of PCN
https://imgur.com/a/EZ1zRHL

The driver is happy to pay a penalty but I believe it is unfair to pay the maximum in such a situation.
Thank you
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Re: PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
« Reply #4 on: »
It’s the registered keeper’s responsibility to pay it, not the driver. That’s how council penalties work.

By all means, pay it and get the money from them. But don’t just hand the letter to them and say “here, you pay this”. Because if they don’t pay it, it’s you the council will come after.

There’s a 28 day limit for serving a penalty charge notice. I think it’s 28 days to you receiving it, not 28 days to them posting it. Happy to be corrected on that.

Usually when this happens, it’s because the council took 27 days to print and post it. Those ones can be cancelled fairly easily. That’s not the case here - the council printed it fairly quickly and the post took forever. It’s hard to prove that.

You can send an appeal to the council and ask them to re-offer the discount. Most will, but some play hardball with postal PCNs and don’t re-offer it. It’s worth a try - you’ve got nothing to lose.
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Re: PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
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The PCN is dated 20th November 2024. The discount window has expired and the PCN is sitting at £130 on the Council's PCN portal. You might as well challenge (submit representations) the PCN as you have no financial incentive to do otherwise. And if necessary appeal it to the Adjudicator.

Whatever about any other grounds the forum can find, I would state that the PCN was only served on you on the 14th Dec so it was clearly not posted on the 20th Nov. The PCN has been served out of time. The deadline to achieve service was 12th Dec since none of the provisions for exceptions seem to have applied. Section 6 of the London Local Authorities and Transport for London Act 2003 says:

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.

See what comes back. They may well re-offer the discount but they don't have to.

Recently there was another Council (might be Croydon?) that was forced to admit that thousands of PCNs hadn't been printed and/or posted due to problems in their back-office systems. I suspect there are others.

The deadline to get a representation submitted seems to be Thursday 19th Dec. Or if you want to pay at the  full rate this has to be done by Tuesday the 17th Dec (28 days beginning with the date of the Notice).
« Last Edit: December 15, 2024, 02:14:31 am by Enceladus »
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Re: PCN (CCTV Islington), unexpectedly arrived 29 days post the date of notice.
« Reply #6 on: »
Thank you everyone for your help. I would like to appeal asking to offer a discount penalty due to the PCN arriving too late. Is there any template I can use? Or can someone help me with legal wording on how to put is correctly, please.
And again, thanks for your quick replies.
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