Free Traffic Legal Advice

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

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

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.

Thank you

Shall i simply quote https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted 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

Is there any other background info you require?

Please, as requested above, the Reg Mark & PCN number.

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.

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

Yours faithfully