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Council PCN via CCTV - Date of notice 28 days after incident
kasamaa
post Tue, 26 Mar 2019 - 00:44
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Thanks in advance for any help regarding this:

I received a PCN from for '51J Failing to comply with a no entry restriction'.

The date of this contravention was on the 9th of February 2019 and the date of the notice was on 11th of March 2019. I am looking to appeal under Part 2, Section 6 of the London Local Authorities and Transport for London Act 2003, which states:

"(1) Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred."

And the CCTV Code of Practice Part 2, section 2.4.7-2.4.9 which states:

"Issue of Penalty Charge Notices (PCNs)
2.4.7 The Secretary of State recommends that all PCNs should be issued within 14 days of the contravention. A PCN should be sent by first class post and must not be sent by second class post. Any notice served by first class post is deemed to have been served on the second working day after posting unless the contrary is proved.
6
2.4.8 Reasons for not serving the PCN within 14 days should be restricted to those that are outside of the control of the authority, for example where details from the DVLA have not been received in time.
2.4.9 In any case, PCNs must be served within 28 days of the date of contravention unless keeper details have not been received from DVLA."


The appeal that I intend to send (based on previous appeals on this site)is as follows:


"
Lewisham Council, I am appealing against the aforementioned penalty charge notice on the compelling ground that its service has been effected after the expiry of the legally permitted time period, thus rendering it void, and unenforceable.

It follows that it should be cancelled forthwith.


The permitted time period:
The regulations governing the time periods for enforcement of the alleged contravention, as acknowledged at the top of the notice, are the London Local Authorities and Transport for London Act 2003 (hereinafter "the Act").

The Act at Section 6 (Limitation on service of penalty charge notice), para (1) defines that:
"(1) Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply ocurred."

The alleged contravention occurred on 09/02/2019 and the date of the notice is 11/03/2019, which is is 30 days from the date of the alleged contravention, which is outside of the permitted time period for service of a notice.

According to the Act, the penalty charge notice is void.


The exception to the rule:
The one applicable exception to the rule of the deadline of 28 days for service of the notice is dependent on the fulfilment of both of two conditions defined by the Act at Section 6, paras 4-6, as follows:
"(4) The first condition is that where a borough council... has before the expiry of 14 days from... the date on which the alleged contravention or failure to comply occurred... made a request to the Secretary of State for the supply of relevant particulars.
(5) The second condition is that those particulars have not been supplied to the borough council... before the date after which that council... would not be entitled to serve a penalty charge notice... by virtue of subsection (1)... above."


This exception is not available to the borough council because any and all particulars requested from the Secretary of State (DVLA) must have been provided to the borough council before the date the notice was printed, which in itself is within the 28 days.

Further more the CCTV code of practice, Section 2.4.7-2.4.9 which covers CCTV PCNs state that:


2.4.7 The Secretary of State recommends that all PCNs should be issued within 14 days of the contravention. A PCN should be sent by first class post and must not be sent by second class post. Any notice served by first class post is deemed to have been served on the second working day after posting unless the contrary is proved.
6
2.4.8 Reasons for not serving the PCN within 14 days should be restricted to those that are outside of the control of the authority, for example where details from the DVLA have not been received in time.
2.4.9 In any case, PCNs must be served within 28 days of the date of contravention unless keeper details have not been received from DVLA.


Therefor as service of the notice has been effected after the regulated period of 28 days, and both conditions of Section 6, paras 4-6 (Section 6, para 1 of the Act applies) and the CCTV code of practice section 2.4.7-2.4.9, have not been met, The penalty charge notice is therefore void, and unenforceable. It follows that it should be cancelled

"

Would this be enough of an argument to appeal with?

I have attached the PCN for reference.

This post has been edited by kasamaa: Tue, 26 Mar 2019 - 15:45
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post Tue, 26 Mar 2019 - 00:44
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stamfordman
post Tue, 26 Mar 2019 - 08:29
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Are you the registered keeper or is the car leased.
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kasamaa
post Tue, 26 Mar 2019 - 09:59
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QUOTE (stamfordman @ Tue, 26 Mar 2019 - 08:29) *
Are you the registered keeper or is the car leased.


Sorry, forgot to mention - I am the registered keeper.
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Neil B
post Tue, 26 Mar 2019 - 10:44
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QUOTE (kasamaa @ Tue, 26 Mar 2019 - 00:44) *
Would this be enough of an argument to appeal with?


Far, far too much and unnecessarily detailed.

--
Got any dispute re the contravention?

--
I note the discount opportunity has passed so now contesting the full amount.

This post has been edited by Neil B: Tue, 26 Mar 2019 - 10:44


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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kasamaa
post Tue, 26 Mar 2019 - 11:06
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QUOTE (Neil B @ Tue, 26 Mar 2019 - 10:44) *
QUOTE (kasamaa @ Tue, 26 Mar 2019 - 00:44) *
Would this be enough of an argument to appeal with?


Far, far too much and unnecessarily detailed.

--
Got any dispute re the contravention?

--
I note the discount opportunity has passed so now contesting the full amount.


No dispute regarding the contravention, It was my mistake.
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hcandersen
post Tue, 26 Mar 2019 - 11:11
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From the PCN, the following dates are established:

Date of contravention: 9 Feb 2019;
PCN issued: 11 March;
Deemed date of service: 13 March.
Elapsed time between contravention and date of service: 33

As the authority are aware, they are time-barred from serving the PCN by virtue of s6(1) of the governing legislation(LLA Act) which allows only 28 days for service.

The PCN is therefore invalid and must be cancelled.

If the authority reject these reps, then they must state upon which of the exceptions to s(1) they rely.

Gets the point across more succinctly!
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kasamaa
post Tue, 26 Mar 2019 - 14:42
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QUOTE (hcandersen @ Tue, 26 Mar 2019 - 11:11) *
From the PCN, the following dates are established:

Date of contravention: 9 Feb 2019;
PCN issued: 11 March;
Deemed date of service: 13 March.
Elapsed time between contravention and date of service: 33

As the authority are aware, they are time-barred from serving the PCN by virtue of s6(1) of the governing legislation(LLA Act) which allows only 28 days for service.

The PCN is therefore invalid and must be cancelled.

If the authority reject these reps, then they must state upon which of the exceptions to s(1) they rely.

Gets the point across more succinctly!


Thanks for the guidance!

Much Appreciated
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DancingDad
post Tue, 26 Mar 2019 - 16:26
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QUOTE (hcandersen @ Tue, 26 Mar 2019 - 11:11) *
From the PCN, the following dates are established:

Date of contravention: 9 Feb 2019;
PCN issued: 11 March;
Deemed date of service: 13 March.
Elapsed time between contravention and date of service: 33

As the authority are aware, they are time-barred from serving the PCN by virtue of s6(1) of the governing legislation(LLA Act) which allows only 28 days for service.

The PCN is therefore invalid and must be cancelled.

If the authority reject these reps, then they must state upon which of the exceptions to s(1) they rely and why, including such PCN history that shows this.

Gets the point across more succinctly!

Just a tweek in red.
Simple and succinct leave far less chance for them to misunderstand.
May still reject but that is what appeal to adjudicator is for
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kasamaa
post Tue, 26 Mar 2019 - 18:00
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QUOTE (DancingDad @ Tue, 26 Mar 2019 - 16:26) *
QUOTE (hcandersen @ Tue, 26 Mar 2019 - 11:11) *
From the PCN, the following dates are established:

Date of contravention: 9 Feb 2019;
PCN issued: 11 March;
Deemed date of service: 13 March.
Elapsed time between contravention and date of service: 33

As the authority are aware, they are time-barred from serving the PCN by virtue of s6(1) of the governing legislation(LLA Act) which allows only 28 days for service.

The PCN is therefore invalid and must be cancelled.

If the authority reject these reps, then they must state upon which of the exceptions to s(1) they rely and why, including such PCN history that shows this.

Gets the point across more succinctly!

Just a tweek in red.
Simple and succinct leave far less chance for them to misunderstand.
May still reject but that is what appeal to adjudicator is for



Thank you, will add it in also.

Much appreciated
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Neil B
post Tue, 26 Mar 2019 - 18:15
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Do update us on this when anything received.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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kasamaa
post Tue, 26 Mar 2019 - 22:52
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QUOTE (Neil B @ Tue, 26 Mar 2019 - 18:15) *
Do update us on this when anything received.


Of course! Will do
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