Author Topic: S172 reply timescsle  (Read 65 times)

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mickR

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S172 reply timescsle
« on: March 13, 2025, 07:01:28 pm »
what is the timescale to respond to an S172 notice?
it says reply within 28days. but not of what?
the date of the notice or service??

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Southpaw82

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Re: S172 reply timescsle
« Reply #1 on: March 13, 2025, 07:06:24 pm »
“within the period of 28 days beginning with the day on which the notice is served”
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

andy_foster

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Re: S172 reply timescsle
« Reply #2 on: March 13, 2025, 07:16:40 pm »
The clue is cunningly hidden in the wording of section 172 of the Road Traffic Act 1988.

What is slightly less obvious is that "beginning with" is an exception to the legal principle that the date of service is day 0. In this case the date of service is day 1, so it is 27 days *from* date of service.

N.B. Service by first class post (for such documents) is when it is delivered (to the addressee's last known address), which is deemed to be 2 working days after date of posting, unless the contrary is proven.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

mickR

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Re: S172 reply timescsle
« Reply #3 on: March 13, 2025, 07:21:39 pm »
“within the period of 28 days beginning with the day on which the notice is served”
which was my understanding but this one doesn't say anything like that, just "within 28days"  :-\

mickR

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Re: S172 reply timescsle
« Reply #4 on: March 13, 2025, 07:24:40 pm »
The clue is cunningly hidden in the wording of section 172 of the Road Traffic Act 1988.

What is slightly less obvious is that "beginning with" is an exception to the legal principle that the date of service is day 0. In this case the date of service is day 1, so it is 27 days *from* date of service.

N.B. Service by first class post (for such documents) is when it is delivered (to the addressee's last known address), which is deemed to be 2 working days after date of posting, unless the contrary is proven.

I was surprised at just how efficient they were at sending out the S172(s) The second arriving only 2 days after a nomination.

Southpaw82

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Re: S172 reply timescsle
« Reply #5 on: March 13, 2025, 07:41:52 pm »
“within the period of 28 days beginning with the day on which the notice is served”
which was my understanding but this one doesn't say anything like that, just "within 28days"  :-\

Unlike a PCN, that doesn’t invalidate the notice.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

mickR

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Re: S172 reply timescsle
« Reply #6 on: March 13, 2025, 08:18:13 pm »
bugger  :(