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Hi,

 

Need some advice please.

 

I just received a Penalty Charge Notice for stopping on a zig zag line.

 

I was surprised at this as, the date of offence states that it took place on the 6th of June, yet i received the Notice on the 13th of July which is the date they state as the serve of notice.

 

Can i appeal against this?

Iv heard that notices need to be served within 14 days of the dated offence. Is this true? is it worth me appealing?

 

Any advice would be much appreciated.

 

regards,

 

Nurul

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14 days for the first NIP in the chain from the police. this isn't one of those. what regulations is yours issued under ?

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Traffic Management Act 2004?

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sounds like its postal PCN (reg 10) which also serves as the NTO. 28 days I think.

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The date of the contravention was th 05/06/09, and the serve of notice was 13/07/09. This makes it over 28 days?

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Appeal on grounds of procedural impropriety by the Council.

 

Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg,10 (4)

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”).

 

Providing that the details on the V5 are correct and have been for a while.

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agreed. what is the docref date on the V5 ?

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V5 as in the Penalty Charge Notice? The date of notice is 13/07/2009, and i received it a few days after that..

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V5 is the registration document with the DVLA. how long have you had the vehicle ? when was it registered to the RK ? the docref date on the V5 will tell you and us what the DVLA records show.

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I have had the vehicle for more than a year but am nost sure of the docref on the V5 as i do not have it in fron of me..

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I have had the vehicle for more than a year but am nost sure of the docref on the V5 as i do not have it in fron of me..

 

are you saying it was correctly registered to you a year ago as well? If so, there is no reason why the PCN should not have got to you in the required time.

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Hi,

 

An update on my appeal for the above..

 

I appealed against the PCN quoting:

 

Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg,10 (4)

 

Quote:

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”).

 

Got a letter back recently saying the following:

 

"when a CCTV contravention occurs the council sends an electronic request for details of the registered keeper to DVLA in Swansea within 14 days in order to send the PCN within 28 days of the date of the contravention. This applies when DVLA's information is returned to the council within the required time.

 

Our records show that the electronic request was amde on 12/6/2009, before receiving the details from them on 9/7/2009. We therefore generated the PCN and printed it on 10/7/09. Please note that if the delays are caused by DVLA, so as the initial request to the DVLA was sent within 14 days of the issue date of the PCN, the council has six months to serve the PCN, if there is lack of response on the part of the DVLA during this time. I therefore beleive that the PCN was served in line with the above regulation"

 

Can you guys advise me if this is correct and if i have a case in appealing again?

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Hi,

 

An update on my appeal for the above..

 

I appealed against the PCN quoting:

 

Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg,10 (4)

 

Quote:

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”).

 

Got a letter back recently saying the following:

 

"when a CCTV contravention occurs the council sends an electronic request for details of the registered keeper to DVLA in Swansea within 14 days in order to send the PCN within 28 days of the date of the contravention. This applies when DVLA's information is returned to the council within the required time.

 

Our records show that the electronic request was amde on 12/6/2009, before receiving the details from them on 9/7/2009. We therefore generated the PCN and printed it on 10/7/09. Please note that if the delays are caused by DVLA, so as the initial request to the DVLA was sent within 14 days of the issue date of the PCN, the council has six months to serve the PCN, if there is lack of response on the part of the DVLA during this time. I therefore beleive that the PCN was served in line with the above regulation"

 

Can you guys advise me if this is correct and if i have a case in appealing again?

 

What was the date of notice on the PCN?

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"12/6/2009, before receiving the details from them on 9/7/2009. We therefore generated the PCN and printed it on 10/7/09. " council has already admitted to overunning the 28 days. I think their reply is complete rubbish. You can and should ask the DVLA when the request was made and when they sent the response to the council. the DVLA will have a record of it. Strangely the DVLA quotes 100 percent success on same day turn around for electronic requests and yet we see councils claiming it took the DVLA ages.

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Strangely the DVLA quotes 100 percent success on same day turn around for electronic requests and yet we see councils claiming it took the DVLA ages.

 

As with all govt statistics never believe what you read, yes they do respond the same day but that doesn't mean they provide the details.

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So the overnight batch response is - wait we are thinking ? I said the OP should check with the DVLA. And regardless of that the council missed the statutory 28 day deadline. Do you know if the SFT interface is still limited to 10,000 inquiries per day ? I assume it must have been raised a fr bit from that level now.

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So the overnight batch response is - wait we are thinking ?

 

Not exactly those words but thats the gist of it, lol. I haven't a clue about the other question. The case history for the PCN should have all the dates on it and impossible to change without any change being documented (at least on the most common systems) A request of a screen print out of the case history would reveal when VQ4 was sent and when VQ5 was received. Asking the DVLA would probably take longer and it would be harder to tie the two issues together, the Council may for example have requested the info on this vehicle 3 times in the last 6 months for different PCNs.

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the councils print out ? what for the DVLA information is required to verify the council's claim about a slow turnaround. DVLA not to slow in replying to these requests. They are outside the 28 days regardless.

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Hi, Thanks for this information. I would write to the DVLA but bearing in mind that i will have to appeal a 2nd time to the council, this might tiake ages!

 

Any ideas what i can write to the Parking and Traffic Appeals service?

 

Thanks again.

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