NTO received 10 months after informal appeal Options

[Parker1994]

Hi All
Hope you are all safe and well. Ive got a friend who got a PCN last year on 25/7/2019. He says he sent an informal appeal on the 29/7/2019. Hes only received the Notice to Owner recently on 29/5/2020. I’ve attached links to all the documents hes got. Would be grateful if you could have a look.

https://ibb.co/KN7s1Gg
https://ibb.co/9cqw1yM
https://ibb.co/syBckYd

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[Incandescent]

NtOs cannot be issued after 6 months from contravention date. However, is this a case of the car being leased ? The big problem is that really your friend should be on here telling us himself.
Anyway, he should submit reps on the basis that the NtO has been issued out-of-time, as the Traffic Management Act 2004 places a maximum of 6 months for the issue of a Notice to Owner.

This post has been edited by Incandescent: Mon, 1 Jun 2020 - 20:52

[Parker1994]

Hi thank you for your reply. He said no the car was always in his name for the last 4 years. Apologies, we just thought it would be quicker if I posted it on his behalf since I already had a profile on here. Many thanks for your help again!!

[Incandescent]

Then all he needs to do is to submit reps on the basis that I have outlined. They are trying it on, basically, because they know most people just cough-up and if they don't there are no sanctions on them for acting unlawfully. The 6 months is an absolute time period, they cannot excuse it by saying "admin difficulties" they must cancel, and if they don't and your friend takes them to adjudication, he should seek a costs order.

[Mad Mick V]

Has your friend moved house in the meantime?

Two issues arising from the photos on the NTO:-

1) the contravention is an 01 but the vehicle appears to be in a parking bay with a SYL;

2) I cannot spot where the vehicle was parked on GSV--are we in the right street?

Mick

[hcandersen]

@MMV, it's at the Tootin' Markit end, junktion wiv Tootin 'igh Street as I would ave called it before I got civilised!

OP, don't just submit that it's out of time, if they're stupid enough to issue the NTO in the first place then presume they need in a nudge in the direction of the specific regs.

I refer you to regulation 20 (of the General Regulations) which, for your information, specifies the time limit for service of a NTO. I have reproduced this below for your convenience:

Time limit for service of a notice to owner
20.—(1) A notice to owner may not be served after the expiry of the period of 6 months beginning with the relevant date.
(2) The relevant date—
(a)in a case where a notice to owner has been cancelled under regulation 23(5)© of these Regulations, is the date on which the district judge serves notice in accordance with regulation 23(5)(d);
(b)in case where a notice to owner has been cancelled under regulation 5 of the Representations and Appeals Regulations, is the date of such cancellation;
©in a case where payment of the penalty charge was made, or had purportedly been made, before the expiry of the period mentioned in paragraph (1) but the payment or purported payment had been cancelled or withdrawn, is the date on which the enforcement authority is notified that the payment or purported payment has been cancelled or withdrawn;
(d)in any other case, is the date on which the relevant penalty charge notice was served under regulation 9.

The default position is that the authority ceased to have the power to issue a NTO on 25 January 2020. The NTO in question was issued on 29 May and therefore served on 2 June.

Unless the authority can establish one of the exemptions in 20(2)(a) - © above then the NTO is void. I look forward to your confirmation that you have either cancelled the NTO or alternatively included proof that one of the exemptions applies.

Regards,

OP, and because the exemptions are clearly set out your friend can also look at them at see whether any of these metaphorical 'ats fits their circumstances.

[Mad Mick V]

Thanks hca I didn't notice the truncated bit.

Sign here---

https://www.google.com/maps/@51.4295152,-0....6384!8i8192

We are getting the information second hand and I haven't got a feel for this one. If the original DVLA information was incorrect then there might have been a Charge Certificate---who knows?

Mick

[Parker1994]

@Mad Mick V - Hes lived in the same address for about 25 years now and has always had the vehicle in his name and address for the last 4 years. Thanks for your help!!
@hcandersen - thank you so much for that, i will forward it to him and post the councils response once they respond.