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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Eleonora
Hello Dear All,

I am new here and I have read through several posts but I find I am getting more and more confused, especially when bits of legislations are pasted on the replies

I have today (05/08/13) received a PCN for "ENTERING AND STOPPING IN A BOX JUNCTION _SHEPHERDS BIUSH NE JCT LITTLE BROOK GREEN. The PCN is dated 02/08/13 and the alleged offence took place on 16/06/13

I am going to make representations on the grounds that the time elapsed between the day of the alleged offence and te issue amount to 47 days.

Now, will that be sufficient for me to fight my case or do I need more grounds?

I have emailed DVLA requesting the information relating to when they received there quest from the council for my details but I am waiting to hear back.

Any help is much appreciated!

Below the link to a the pic, hopefully it will work ( not a wizard about tec - far from it!)

http://imageshack.com/i/n8xsbzj


Eleonora
Eleonora
Does anyone know what the time limits for the council to enforce a PCN are please? or where I can find a definite answer?

Many thanks!
Incandescent
QUOTE (Eleonora @ Thu, 8 Aug 2013 - 15:04) *
Does anyone know what the time limits for the council to enforce a PCN are please? or where I can find a definite answer?

Many thanks!

it is 28 days from contravention date. However they can escape this legal requirement if there were problems with the car ownership, i.e it was a hire car, and the hire company were tardy advising of the correct person for the PCN. Does this apply to you ?

Many councils do try it on, however, and get away with it, too. This forum tries to put their hands to the fire, but so many people just pay up without a fight.

If they come back with proof they could not determine the responsible person, you need other grounds to appeal, so need to see the video. Being stationary for 5 seconds or less has won appeals on de minimis grounds. PCNs often contain fatal errors too.
Eleonora
Thank you incandescent,
I was the owner of that vehicle at that time but about a month later I bought another car, so I don't know if they could argue they had difficulty finding who the owner was. I wouldn't think so?
I will challenge on the time basis and also I have couldn't find the offence code anywhere on the PCN, do you think this is also good grounds for an appeal? (I will check the ticket again, haven't got it at hand now)

And one other thing, I will need to get back there to check about the warning signals for CCTV enforcemnet. Should there be none, could I argue this point too?

Thank you for your reply, much appreciated.

Time is precious

Eleonora

and one other thing: where do I find the legislation/ rules that clearly state they have 28 days to serve the PCN so I can quote it in my representations? I have looked everywhere, even phoned citizen advice bureau and they could not help me either.

Thank you

Eleonora
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