Author Topic: Can a Charge Certificate be issued on a Bank Holiday?  (Read 90 times)

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MrChips

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Can a Charge Certificate be issued on a Bank Holiday?
« on: April 05, 2024, 05:04:27 pm »
Have been corresponding on Facebook with someone who's received a Charge Certificate without having received the original PCN - relating to a yellow box junction contravention in London (Wandsworth).  Have advised them to post on the Council forum here.

Meanwhile, I looked at the CC scanned copy which was posted and it's dated 1 April which was Easter Monday.  Can that be right?  Seems highly unlikely anyone from the council was actually working that day.  Would it open up any avenue of challenge?

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cp8759

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Re: Can a Charge Certificate be issued on a Bank Holiday?
« Reply #1 on: April 05, 2024, 08:48:26 pm »
There is no requirement that the date of a charge certificate be dated the same day that it is posted, so you could develop the argument but it's not open and shut.

In fact under the 2003 Act there is no explicit statutory requirement that the PCN be dated the date that it is posted, that requirement only exists under the 2022 regulations that apply for parking and for moving traffic outside of London.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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