Free Traffic Legal Advice

Thank you for your email,
 
We intend, where possible, to deal with all complaints using our '4Cs' procedure. The only exceptions are for statutory and legal reasons, such as a complaint that has already been heard by a court or tribunal, or a complaint where the customer or the council has commenced legal proceedings or has taken court action.
 
Our '4Cs' procedure is not applicable to services which have specific procedures governing their complaints and appeals, such as: objecting or challenging a PCN
 
Please find attached the link below for challenging a PCN.
 
https://www.york.gov.uk/PCNAppeals
 
I have also forwarded you details over to are parking team

Quote from: H C Andersen on May 28, 2025, 11:25:30 am

I'd email them.

PCN ********

I refer to the above, your Notice to Owner dated 3 March and my emailed formal representations dated and sent on 31 March.

By virtue of the authority having failed to comply with regulation 6(7) of the Appeals Regulations(to serve notice of their decision within the 56-day period - at the date of writing 59 days have elapsed) then regulation 6(7)(b) applies, as follows:


(7) If the enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period—

(a)it is deemed for the purposes of these Regulations to have accepted the representations made by the recipient, and

(b)it must—

(i)cancel the relevant enforcement notice,

(ii)refund any sum paid in relation to it, and

(iii)serve a notice on the recipient informing the recipient that the enforcement notice has been cancelled because the enforcement authority failed to serve a decision notice in accordance with paragraph (4)(b).

Yours,.....

Done, thank you HC Anderson.

Then your email reps were in time...assuming email is permitted and reps comply with instructions as to their form..we can't see, they've not been posted.

The date of the NTO pl;

Also, how did you submit the formal reps?

I just want to check that you did not submit them late, which could mean they were disregarded. (you appear to have calculated 31 March and I cannot access the PCN or NTO to look at the authority's website.

"We will consider your representations and any supporting evidence, and serve a notice on you of our decision, within the period of 56 days beginning with the date on which we receive your representations, except where we have decided to disregard your representations by reason of their being received after the end of the period of 28 days beginning with the date of service of this Notice to Owner."