Time Limit for issue of 'Enforcement notice'

[gav1857]

Dear All,

 

I would greatly appreciate any help with the following:

 

I was issued with a PCN for entering a bus lane in November. I appealed on the grounds that I was making a left-turn. The appeal was rejected in a letter dated 19 December 2007. In this letter, it was stated that, in order to continue the appeal I needed to wait until I, the registered keeper, was 'issued with an Enforcement Notice. This will be dispatched within 28 days, giving a further 28 days to make full payment or make formal representation'.

 

I received no notice during the 28 period and was beginning to hope that I'd slipped through the net. However, I have recently received the notice, which is dated 19/02/2008.

 

As this is clearly out with the 28 days stipulated in the letter of 19/12/2007, I wonder if I have grounds to appeal?

 

Any assistance would be gratefully received!

 

Thanks all.

 

Gav

[tiglet]

Bump

[patdavies]

No, not for that. The 28 days is a minimum period.

[gav1857]

Thanks for you reply.

 

Can you just clarify for me?

 

Even though the Enforcement notice was not dispatched within the 28 days referred to in the earlier letter, this is no grounds for appeal?

 

Thanks again.

 

Gav

[adamna]

No, not for that. The 28 days is a minimum period.

They didn't say that though. As they have given every reason for Gav to rely on the terms they stated, estoppel would dictate that they are out of time, whether it is regarded as minimum or maximum anywhere else.