3. PCN served beyond 28 days after contravention
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PCN served beyond 28 days after contravention
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Council served me with the following PCN but the dates indicate something I remember reading on another forum about PCNs having to be issued within 28 days of the contravention, which this one does not comply with.

Date of contravention: 11/01/2025
Date of notice 14/02/2025 (how romantic..)

ChatGPT advises to respond with the following:

My appeal is based on the fact that the PCN was served outside the statutory 28-day period, as required under the applicable regulations. According to my understanding, a PCN must be issued and served within 28 days of the alleged contravention unless specific circumstances apply to extend this timeframe. In this case, I received the notice on [Date of PCN Receipt], which is beyond the 28-day period from the date of the alleged contravention.

As the PCN was not issued in accordance with the required time limits, I believe it is invalid, and I kindly request its cancellation. I would appreciate written confirmation of the cancellation at your earliest convenience.

Am I grossly mistaken or is there anything else I should be aware before firing off the appeal on these grounds?

Appreciate any advice.

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Re: PCN served beyond 28 days after contravention
« Reply #1 on: »
Is the car leased?
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Re: PCN served beyond 28 days after contravention
« Reply #2 on: »
It is… are they going to respond with the fact that this is the quickest they could have issued it?
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Re: PCN served beyond 28 days after contravention
« Reply #3 on: »
Don't rely on ChatGPT, it is cr*p on this sort of thing.

In the legislation and the regulations under which your PCN has been served, , the owner has responsibility for PCNs not the driver. This means that a PCN would have first gone to the V5 holder for the car, which is the lease company. They then submit reps stating they are a hire/lease company and pass on your name and address. When the council cancel this (first) PCN, they have 28 days to serve a second, (to you),
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Re: PCN served beyond 28 days after contravention
« Reply #4 on: »
IMO, the grounds of 'hire' do not apply with leases because a lease is not a hire agreement.

See p. 13: https://www.londontribunals.gov.uk/sites/default/files/ETA%20Annual%20Report%202022%20-%202023.pdf

Prima facie, the PCN has been served out of time, especially since nothing in its wording says anything other than than the bland statement to the effect that the council believe 'the recipient [is] liable to pay'.

Make reps on the grounds that the PCN has been served out of time(s6(1) of https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted  applies).

If the council believe that they are entitled to rely upon one of the exceptions specified in s6, then they are obliged to state which in the event that these representations are rejected.
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Re: PCN served beyond 28 days after contravention
« Reply #5 on: »
Ok, I'm going to respond with the following today.

Penalty Charge Notice (PCN) Reference: CU6966

To Whom It May Concern,

I am writing to formally challenge Penalty Charge Notice (PCN) CU6966, which was issued in relation to an alleged contravention on 11/01/2025 at Tottenham Court Road W1 by the junction with Howland Street.

My appeal is on the grounds that the PCN was served outside the statutory 28-day period, making it invalid. Under Section 6, Subsection 1 of the London Local Authorities and Transport for London Act 2003, a PCN must be served within 28 days from the date of the alleged contravention unless an extension applies. In this case, I received the notice on 14/02/2025, which is beyond the permitted time limit.

Since the PCN has not been issued in accordance with the legal requirements, I respectfully request its immediate cancellation. Please confirm in writing that this matter has been resolved.

Thanks for the guidance, I'll keep you updated with the outcome.
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Re: PCN served beyond 28 days after contravention
« Reply #6 on: »
But you're not putting them on the spot to produce their evidence should they claim one of the exemptions e.g. you are considered to be the owner by virtue of being the hirer and that they accepted reps made by the registered keeper on this basis etc.
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Re: PCN served beyond 28 days after contravention
« Reply #7 on: »
Yes, I think you were correct.

Response came in the post yesterday;

NOTICE OF REJECTION OF REPRESENTATIONS AGAINST PENALTY CHARGE NOTICE
- The London Local Authorities Acts 1990 - 2003
Verification code: 97C515
Contravention code: 33H
Using a route restricted to certain vehicles local buses and cycles only.

Thank you for your representations received on 25/02/2025 regarding the above Penalty Charge Notice (PCN). Following my investigation I have decided to formally reject your representations for the reasons detailed below.

The enforcement camera recorded your vehicle in Tottenham Court Road using a route restricted to certain vehicles. In this case, the route was restricted to local buses only Monday to Saturday 8am-7pm.

This footage has been reviewed by a Civil Enforcement Officer who has confirmed your vehicle was in contravention of the restriction.

You have stated that the PCN was issued outside of the 28 day period and therefore invalid, however, this does not provide an exemption or sufficient mitigation to cancel the PCN.

With reference to the points, you have raised concerning the time frame in which this PCN was issued, I can advise you that the original PCN was sent to the registered keeper who are a hire company on 17/01/25. On receipt of the PCN they had notified us that the vehicle was on hire to you at the time of the contravention, and we had transferred liability for the PCN to you on 13/02/25. A PCN was subsequently issued to you on 14/02/25 and I am satisfied that the PCN was correctly served in accordance with the London Local Authorities Acts 1990 - 2003.

With the exception of local buses, vehicles are not permitted to travel in the route restricted to certain vehicles. The CCTV footage shows your vehicle using a route restricted to local buses only and I am enforcing this PCN

I have included CCTV images below for your reference and enclosed a photograph of the signage at the location. You may also view video footage of the incident online at camden.gov.uk/pcn.

I'll bite the bullet and pay up this time. Just for my reference, is there anything I should have said/ done in my initial appeal differently to improve the chances of this being overturned?
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