3. PCN issued over 5 months later! for entering pedestrian zone
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PCN issued over 5 months later! for entering pedestrian zone
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PCN in post dated 4 Feb 2025 for alleged contravention 29 Aug 2024 see attached
Surely they have 28 days to issue?
Apparently DVLA can delay things but I am registered keeper since 2019 so cant be a paper work thing for a previous owner
Cant see them stating the hours of the pedestrian zone either and cant find on any Islington website
postcode is n1 9dr.  Obviously cant go an photograph signs as they may beeen changed from 5 months ago
Have included weblink to islington gazette stating pedestrian zone is 8.30am to 11am on Mondays and between 9.45am and 2pm on Sundays.but vehicle entered outside these times..ie 16:09pm
Can this be appealed due to unreasonable PCN being issued over 5 months later?
Can i ask for the hours of restriction in appeal?
Best Vany
4 pages of PCN in links and attached,

pcn-1 hosted at ImgBB
Image pcn-1 in the Vany's images album
ImgBB · ibb.co

pcn2 hosted at ImgBB
Image pcn2 in the Vany's images album
ImgBB · ibb.co

pcn-3 hosted at ImgBB
Image pcn-3 in the Vany's images album
ImgBB · ibb.co

pcn-4 hosted at ImgBB
Image pcn-4 in the Vany's images album
ImgBB · ibb.co

Cameras & pedestrianisation ‘killing our businesses’, claim Chapel Market store owners
Chapel Market traders claim road restrictions and newly installed traffic cameras are “killing their businesses” – with takings allegedly…
Islington Gazette · islingtongazette.co.uk


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« Last Edit: February 11, 2025, 04:18:14 pm by Vany »
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #1 on: »
This is a council PCN so I have moved this post to the Civil penalty charge notices (Councils, TFL and so on) forum.

To help the users there provide you with the best advice, please read the following thread carefully and provide as much of the information it requests as you are able to: READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, This section is for council, TFL, Dart/Mersey/Tyne etc. cases
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #2 on: »
thank you
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #3 on: »
London Local Authorities and Transport for London Act 2003
legislation.gov.uk


You know the history here, we don't. The default time limit is 28 days. 6 months applies in very, very limited circumstances, see s6(4).

If none of these apply then they're prevented from serving this PCN and you have no liability.

The background pl.
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #4 on: »
And while we're waiting, your antique matchbox is obscuring the date and car reg on the postal PCN. It's only necessary to redact your name and address, please leave everything else visible as per the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of the forum that our overworked moderator @DWMB2 pointed you to earlier.
« Last Edit: February 11, 2025, 04:58:32 pm by Enceladus »
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #5 on: »
Thank you

Shall i simply quote
London Local Authorities and Transport for London Act 2003
legislation.gov.uk
in my representation and say that they didnt send PCN on time: "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." and await their response

I read in previous posts that if the DVLA delay in providing my particulars then the council have ability to take longer than 28 days to send out he PCN.
Also shall i ask for information regards to when the pedestrian zone is enforceable?
I only just received the PCN today.
Is there any other background info you require?
Many thanks
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #6 on: »
By all means address the contravention ....to the best of my recollection the restricted hours on 29 August ended at *** and therefore a contravention could not occur at 16.09.

IMO, your grounds are therefore:
Contravention did not occur;
Penalty exceeded the amount applicable in the circumstances.

Contravention did not occur
To the best .......not occur at 16.09.

Penalty exceeded the amount applicable in the circumstances.
By virtue of s6(2) of the London Local Authorities etc. Act 2003 you are prevented from serving this PCN beyond the period of 28 days beginning on the date of the contravention(29 August 2024), the penalty owing is therefore nil. If the authority wish to rely upon s6(4) then they are obliged to produce evidence to the required standard and not simply state 'It's in time'.
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #7 on: »
Quote
Is there any other background info you require?

Please, as requested above, the Reg Mark & PCN number.
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #8 on: »
GSV dated July 2024 shows that the sign says the restricted hours are.

Monday 8.30 - 11.00am
Tues - Sun 9.45am - 7pm

Your PCN is timed at 16:09pm on the 29th August 2024 which was a Thursday. The press article is from 2019. So the PCN seems to be correct.
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #9 on: »
There is no need to argue about the contravention. The plain fact is that they had 28 days from contravention date to serve a PCN, but failed to do so. You should therefore submit reps stating this.Something like: -

Dear Sirs

Re PCN <number> dated <dd/mm/yyyy> for location <location details>

I deny responsibility for payment of the above PCN because it has been served out-of-time. This comes under the statutory grounds of appeal "the penalty exceeds the relevant amount in the circumstances of the case"

As you well know, under the London Local Authorities & Transport for London Act 2003, a period of 28 days is allowed for serving a PCN from the alleged contravention date. The date of the alleged contravention on the above PCN is 29th August 2024, over 5 months ago. However, just in case you are uneducated in the LLA & TfL Act 2003, I attach it for you to read.

London Local Authorities and Transport for London Act 2003
legislation.gov.uk


Yours faithfully
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Re: PCN issued over 5 months later! for entering pedestrian zone
« Reply #10 on: »
Very much appreciate all of your responses, links and templates
Yes appears google has evidence of signage as one of you posted, so will go down the route of outside 28 days quoting the 2003 Act that you have helpfully suggested.
Many many thanks
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