Notice To Owner - Out of Process ??

**TrampDog** · 20th August 2008 17:07

Hi Guys,

I need some help please. . . .

I received a parking ticket (pcn icon

) back in March (I was parked in Brighton on a back street on a Sunday afternoon), Anyways. . . I sent off a letter of appeal to Brighton & Hove Council back at the time. Then following that about 2 weeks later I received their responce letter, it was full of the usual 'computer says no' we don't agree with you etc responce, they didn't listen to my reasons (but hey they're w**k**s - as we all know!). . . . . . .

So at that stage I thought I'll just wait until I receive the Notice to Owner in the post and then appeal with PATAS (or which ever one serves Brighton). . . . . . .

Well nothing arrived, within or after the 28 days, so I didn't do anything about it either. . . . Now, imagine my suprise to receive this missing Notice to Owner yesterday!! . . . . . . .

My understanding was that if the Notice isn't served within the 28 days then it's void. . . . Is this still correct?? What should I do? the Notice clearly shows a gap of 4 months between the date on it and the date on my original ticket!!!

Please help - Thank You . . .

Similar Threads:

**old_andrew2007** · 24th August 2008 10:40

bump

**nero12** · 24th August 2008 12:58

Originally Posted by old_andrew2007

bump

AFAIK the local authority Must issue a pcn icon

Within 28 days excepting in speacial circumstances.

If you make an informal challenge the LA must reply to this within 56 days or they will be concidered to have accepted that the contravention did not occur

The Notice To Owner must be Issued after 28 days have elapsed and up to six months after the pcn has been issued. After this time you can challenge on the length of time.

If you had been issued before the 28 days had elapsed then you would have been prejudiced and you would have a decent challenge with the adjudicator.

Like I say AFAIK these are the time limits however someone may know otherwise in which case I stand corrected.

I wonder if the mods would consider a sticky on this subject I think it would be usefull.?

Trampdog it maybe worth taking out your personal details and scanning the NTO in, there maybe some technical out with it.

**nero12** · 25th August 2008 15:42

Originally Posted by nero12

AFAIK the local authority Must issue a pcn icon

Within 28 days excepting in speacial circumstances.

If you make an informal challenge the LA must reply to this within 56 days or they will be concidered to have accepted that the contravention did not occur

The Notice To Owner must be Issued after 28 days have elapsed and up to six months after the pcn has been issued. After this time you can challenge on the length of time.

If you had been issued before the 28 days had elapsed then you would have been prejudiced and you would have a decent challenge with the adjudicator.

Like I say AFAIK these are the time limits however someone may know otherwise in which case I stand corrected.

I wonder if the mods would consider a sticky on this subject I think it would be usefull.?

Trampdog it maybe worth taking out your personal details and scanning the NTO in, there maybe some technical out with it.

Can someone check and or correct these time limits .

**lamma** · 25th August 2008 15:51

reg 9 or reg 10 TMA ? or RTA ?

**green_and_mean** · 25th August 2008 16:50

Originally Posted by lamma

reg 9 or reg 10 TMA ? or RTA ?

I received a parking ticket (pcn icon

) back in March (I was parked in Brighton on a back street on a Sunday afternoon),

**lamma** · 25th August 2008 17:33

Yes, saw that. TMA came in on the last day of March.
What we haven't been told is which regs the paper was issued under. As you you the full set of legislation is used across the country , even back to the 1984 regs.
Assumptions too risky.

**nero12** · 25th August 2008 17:39

Originally Posted by lamma

Yes, saw that. TMA came in on the last day of March.
What we haven't been told is which regs the paper was issued under. As you you the full set of legislation is used across the country , even back to the 1984 regs.
Assumptions too risky.

I think this seems to be the rta 1991. (ah ha! lol)

However does anyone have the difinitive time limits for a reg 9 and a reg 10 tma tickets so everyone can refer to them.

**lamma** · 25th August 2008 18:07

reg 10 a mess and not definitive as already highlighted.

best place to go is
THE SECRETARY OF STATE’S STATUTORY GUIDANCE TO LOCAL
AUTHORITIES ON THE CIVIL ENFORCEMENT OF PARKING
CONTRAVENTIONS
http://www.dft.gov.uk/pgr/roads/tpm/...tutoryguid.pdf

as it is less stodgy than the acts and will point you out to all the relevant legislation.

download a copy

**nero12** · 25th August 2008 18:40

Originally Posted by lamma

reg 10 a mess and not definitive as already highlighted.

best place to go is
THE SECRETARY OF STATE’S STATUTORY GUIDANCE TO LOCAL
AUTHORITIES ON THE CIVIL ENFORCEMENT OF PARKING
CONTRAVENTIONS
http://www.dft.gov.uk/pgr/roads/tpm/...tutoryguid.pdf

as it is less stodgy than the acts and will point you out to all the relevant legislation.

download a copy

TMA 2004, all very clumsy. Me thinks not an improvement at all.

Thanx lamma, very kind.

Ting · 29th August 2008 03:16

Would be useful to see both the original pcn icon

and the NtO as at the time these were reported to be rubbish.

Ting · 29th August 2008 03:22

Guidance doc is useful but only that. Not sure that's the final version? (pretty blue colours and layout)
Be very careful to read section (i) para 5.

In the version I use (and possibly somewhere in this one) it explains that the references to statute are where it says LAs must and where only guidance or recommendation it says should.
-

**green_and_mean** · 29th August 2008 10:09

Originally Posted by lamma

Yes, saw that. TMA came in on the last day of March.
What we haven't been told is which regs the paper was issued under. As you you the full set of legislation is used across the country , even back to the 1984 regs.
Assumptions too risky.

Assumption has nothing to do with it 31st march was a monday the OP said pcn icon

was received on a Sunday in march, so unless there was more than 31 days in march this year it could not possibly be a TMA issued PCN. As for any other legislation PCNs can only be issued under 1991 or later statutes anything prior to that was an excess charge or similar type notice used by non DPE Councils which Brighton is most certainly not.

**lamma** · 29th August 2008 11:09

That is still being assumptive. We need to see the paperwork. It may well tune out to be RTA 1991 - nero12 said it seems to be but until we see proof we don't know.

Ting · 29th August 2008 11:35

Brighton were definitely using RTA 1991 at the time concerned. i know of other cases where NtOs were delayed - but no Nero - they can do that.
-

**bmwman** · 2nd September 2008 20:01

Hi Trampdog

I have had a pcn icon

from Brighton in the passed and there PCN's where flawed. Please scan, wash and post PCN front and back and the NtO front and back will then beable to give you some more help and advice.

**nero12** · 2nd September 2008 20:07

Originally Posted by Ting

Brighton were definitely using RTA 1991 at the time concerned. i know of other cases where NtOs were delayed - but no Nero - they can do that.
-

Do what mate!
Take longer than 56 days on informal reppy.

Ting · 2nd September 2008 20:22

No requirement to respond to informal reps at all - 12th of never could be the case.

That said, under newer legislation I think this could feasibly be argued because they do have to say that informal challenges 'will be considered'. Surely that implies that there would be a response. not yet tested AFAIK.

Not relevant here anyway. It's definitely RTA 1991.
-

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