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Full Version: NTO cancelled now new NTO 7 months later?
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Zwypl
My relative had an exchange car from insurance.

The first time she heard about the PCN dated 12/12/11 was when she received the charge certificate dated 18/4/12 (she cant remember receiving the actual PCN) and probably all letters were sent to Insurance who eventually passed her details.

She filed a TE9 after receiving OfR and the CCBC ordered on 27/6/12 that the charge certificate and the notice to owner/ enforcement notice to be cancelled.

On the 6/7/12 the LA issued another NTO.

Can they issue in this circumstance a new NTO as it is more then 6 months?

How can I know where the LA sent the first NTO as it probably went to the insurance co.?



mashkiach
It looks like they have 4 weeks from the cancelation order.

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

Penalty charge notices — service by post10

(5) Paragraph (6) applies where—

(a)within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;

(b)an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 23(5)©; or

©an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.



(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice—

(a)in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or

(b)in a case falling within paragraph (5)(b) or ©, for a period of 4 weeks beginning with the appropriate date.



Invalid notices23

(5) Where a witness statement is served under paragraph (1)©—

(a)the order of the court shall be deemed to have been revoked;

(b)the charge certificate shall be deemed to have been cancelled;

©in the case of a statement under paragraph (2)(a), the notice to owner to which the charge certificate relates shall be deemed to have been cancelled; and

(d)the district judge shall serve written notice of the effect of service of the statement on the person making it and on the enforcement authority concerned.

Zwypl
I provided proof of loading, accepted and case closed.
bama
result. well done
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