Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Solsak on February 23, 2024, 02:48:51 pm
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Not sure if you got an answer to this or not, but after the 56 days, the PCN has to be waived automatically. Same thing happened with me with the TFL for a yellow box violation, and it went over the allotted time to reply on their end. So even if you are in the wrong, they have to waive it.
The 56 day limit wouldn't apply to a London box junction case.
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No PCN = no meaningful advice, sorry !
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Not sure if you got an answer to this or not, but after the 56 days, the PCN has to be waived automatically. Same thing happened with me with the TFL for a yellow box violation, and it went over the allotted time to reply on their end. So even if you are in the wrong, they have to waive it.
Usually you are contacted via letter or email to confirm this. If they don't waive it and try and charge you, just read back to terms and conditions about the 56 days, they shouldn't have a leg to stand on.
The 56 day statutory limit only applies to formal representations, it does not apply to an 'informal challenge' where timings are subject to the test of reasonableness.
We don't know which applies because we have not yet seen the PCN.
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What is the online status of the PCN?
Are you the keeper and is the V5C name & Address correct in every particular?
As Incandescent says, for meaningful advice please post all sides of the PCN:redact only name and address, leave all else in.
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/
for guidance on posting.
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Not sure if you got an answer to this or not, but after the 56 days, the PCN has to be waived automatically. Same thing happened with me with the TFL for a yellow box violation, and it went over the allotted time to reply on their end. So even if you are in the wrong, they have to waive it.
Usually you are contacted via letter or email to confirm this. If they don't waive it and try and charge you, just read back to terms and conditions about the 56 days, they shouldn't have a leg to stand on.
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Until you show us the PCN we cannot tell, sorry.
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I have appealed a Cardiff Council PCN, their website says that they have 56 days to respond to my appeal, but it has now gone over 60 days since I sent in my appeal. I called them just to make sure I haven't missed a communication and the person on the phone say it is just ongoing. I ask what happens once they have gone passed the 56 day and they said I just have to wait. My question is can they drag this out as long as possible or is there a time limit they have to respond with in?