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Hi, can anybody offer advice on the following. My partner has received a pcn from Ealing Council for '47J Stopped on a restricted bus stop/stand'. This took place on 13th August 08, the PCN is dated 15th October. As it's over two months ago, my partner cant really remember what happened. The CCTV photos appear to show him stopped there for 5 seconds. Does anyone know if councils are supposed to inform you of a contravention within a certain number of days? If they make a habit of doing this, it is obvious anyone's memory would become sketchy and so they just pay up! Also this happened 4 days after a family bereavement, and it could have been anyone of another 3 family members, as they were using the car to run around to make arrangements.
If the car is registered to him and there is no reason that the pcn didn't get to him earlier (i.e. the address on the V5 is correct showing his current address) then I think the PCN may be issued out of time and therefore be invalid.
In normal circumstances they have to get it to you in 28 days. Apart from certain circumstances for lease/hire vehicles there is a possible extension for Councils. That is, if DVLA cock up basically.
Here is the actual legislation.
(4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
(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)(c); or
(c)
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 (c), for a period of 4 weeks beginning with the appropriate date.
(7) In this regulation—
(a)
“the appropriate date” means—
(i)
in a case falling within paragraph (5)(a), the date referred to in paragraph (4);
(ii)
in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 23(5)(d); or
(iii)
in a case falling within paragraph (5)(c) the date on which the previous regulation 10 penalty charge notice was cancelled; and
(b)
“relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.
As many Councils have a direct link to DVLA records then there is normally no excuse for delay but this is reliant on the DVLA record being accurate.
Not challenged one on this ground before so unsure of best angle of attack.
Obviously you need to establish what happened. One way is an informal challenge and see what the response is - but better if you have something else to fall back on as well - i.e. 'stopped in emrgency' ? Hard to recall after this time and as you say you don't even know who to ask.
Another way is just by phoning and asking and see what information you can get out of them.