Free Traffic Legal Advice

Hello all

A PCN for a bus gate contravention was delivered to me 60 days after the event. It is not under dispute that the contravention occurred.

Is the notice still valid given that it wasn’t issued until 60 days after the event? I’m sure I read somewhere that the council have 28 days unless there was an issue with the DVLA.

As this is the second notice I have received for this specific bus gate in a fortnight, (Contravention date: 27/06/25, issue date 04/07/25) I feel that there was no issue with the DVLA and they’ve just dragged their feet processing a backlog of notices.

Do I have any grounds to ask for this to be dismissed on the basis of the lateness of the notice?

Thanks in advance

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Not sure what happened with your PCN image - try this

Hello thanks for the reply

The car is owned wholly by me. I am the registered keeper. As my circumstances seemed identical to the other poster, I simply used the same message as them:

>"There has been a procedural impropriety by the enforcement authority option"
>
>I challenge this PCN on the grounds that the PCN was given outside the 28 day period allowed in law.
>
>Please cancel the PCN.

Here is a link to the pdf from the council


https://www.dropbox.com/scl/fi/y9vijkh5jlgrynjxtqwd1/SN59589623-2.pdf?rlkey=oe4yvxy14ge869xh7jq2xwdnr&st=vyyvxq8c&dl=0

In parallel you could submit a Subject Access Request to the DVLA. Ask for the dates and origin of all requests received for the Registered Keeper details since the 13th Jan 2025. And the dates of their responses to these requests.

FYI the requests are received and the responses are sent the following day, all via a secure EDI link. So the lengthy delay you have experienced is likely at the Council end and not with the DVLA.

Thanks for the useful responses guys. Unfortunately I forgot all about this until today.

I have visited their Southampton website in attempt to pay and seen the fee is now £75 despite the letter stating that the fee will not increase until 28 days after the rejection of representations was served.

The notice was served on the 1st of September, today is the 28th.

I’ve tried to phone the council but they are closed.

Any advice on what to do now?

Take a screenshot showing the dates and fee so that you have this information as it may be of use later.

I’ve just don’t that as well as email the council back asking for:
* the evidence to support their claim as detailed in a post above
* explaining that I had tried to pay but the fee on their website is wrong, I called but the office is closed till Monday which is too late

I will shortly send out the DVLA SAR.

I was ready to cough up on this one lads but they’ve pissed me off again!

I’m guessing that since I’ve left it so late, the tribunal is the only option left?

01/09/2025 = Mon = Date of issue of Notice of Rejection
03/09/2025 = Wed = Deemed date of service of NoR and day 1 of 28 day relevant period
30/09/2025 = Tues = Day 28 of 28 relevant period and last day to pay at discount (as per NoR) or to submit an appeal to the TPT
01/10/2025 = Wed = 1st possible day to issue a Charge Certificate.

The offer to accept the discount rate for 28 days is unusual. Normally it would be 14. So what payment is required online right now? Actually I checked myself and it's £70 which is incorrect with reference to the NoR, should still be £35. Please take a time-stamped screenshot.

Personally I would register an appeal with the TPT, put detailed submission to follow in the summary evidence box. And request a telephone hearing rather than a decision on the papers.

So we have a PCN served out of time and no explanation. And an incorrect demand for money on the Council website

Please send the SAR to the DVLA and post up the response.