What is time limit on PCH

[sakoni2001]

Hi

I have just received a penalty Charge Notice from Ealing Council for
allegedly for making a prohibited U-turn.

The alleged contravention is photographed on 2nd July 07 but the date of
notice is 09 August 07.

Is there a time limit on such notices?

Thank in advance.

[patdavies]

The 2003 Act requires them to issue a PCN within 28 days of the contravention, except where they have applied for RK details to the DVLA within 14 days of contravention date and the DVLA have not supplied these by the 28 day deadline. In this case they have a further 6 months to serve a PCN from expiry of the 28 days. Presumably this is what they will argue.

[sakoni2001]

Originally Posted by patdavies

The 2003 Act requires them to issue a PCN within 28 days of the contravention, except where they have applied for RK details to the DVLA within 14 days of contravention date and the DVLA have not supplied these by the 28 day deadline. In this case they have a further 6 months to serve a PCN from expiry of the 28 days. Presumably this is what they will argue.

Thanks for your reply. So what would my next course of action be. Would it be wise to appeal?

[patdavies]

Originally Posted by sakoni2001

Thanks for your reply. So what would my next course of action be. Would it be wise to appeal?

Write to then by way of appeal and state that you beleive the PCN to be time-barred due to the 28 day rule.

They may realise the error (of chasing somebody who knows the rules) and cancel the PCM or they will reject the appeal. If they do, then appeal to PATAS on the same grounds which will force them to produce evidence rather than assertion as to why they might be exempt the 28 days.

[sakoni2001]

Originally Posted by patdavies

Write to then by way of appeal and state that you beleive the PCN to be time-barred due to the 28 day rule.

They may realise the error (of chasing somebody who knows the rules) and cancel the PCM or they will reject the appeal. If they do, then appeal to PATAS on the same grounds which will force them to produce evidence rather than assertion as to why they might be exempt the 28 days.

Hi

Thanks for that. I do intend to appeal and should it go in my favour, I would gladly donate that money to Charity.

[sakoni2001]

Hi

Just to update everyone on my query about late PCN.

I wrote to Ealing Council in way of an appeal that the PCN was time-barred. I received a letter from Ealing Council that they are cancelling the PCN due to a 'technical error.'

Regards

[green_and_mean]

Originally Posted by sakoni2001

Hi

Just to update everyone on my query about late PCN.

I wrote to Ealing Council in way of an appeal that the PCN was time-barred. I received a letter from Ealing Council that they are cancelling the PCN due to a 'technical error.'

Regards

I wonder if they are going to cancel all the others they sent out on the same day as yours as they will all be too late to?

[sakoni2001]

Originally Posted by green_and_mean

I wonder if they are going to cancel all the others they sent out on the same day as yours as they will all be too late to?

Funny you should say that but on another forums, in another thread, someone else had a PCN cancelled for same reason although it was for a different 'offence.' I don't know that date of the PCN.

[patdavies]

Originally Posted by sakoni2001

Hi

Just to update everyone on my query about late PCN.

I wrote to Ealing Council in way of an appeal that the PCN was time-barred. I received a letter from Ealing Council that they are cancelling the PCN due to a 'technical error.'

Regards

Yes, technically out of date