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letsmakeamark

Major local authority confirms Pcn is valid for 1000 days.

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Medway council have confirmed that a pcn is valid for 1000 days from date of issue. I think this will be enough for everybody who is being pursued for pcns that are over 1000 days old. If you put a late stat dec in and it gets accepted the perusing authority has to cancel the pcn. If it doesn't then send them a copy of this letter that i have attached.

 

medwayedit.jpg


So whats cooking today ?

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What do the RTA / TMA say about it though?

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If there was any information regarding that i am sure medway council would have said something. However they have not. If not i don't see their parking people being in business for long.


So whats cooking today ?

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There's a difference between being "legally valid" and enforcable.

 

I cannot for the life of me see that an adjudicator would not allow and appeal that the LA had failed to act fairly if they take this long. I believe there have been decisions on this (6 months I recall is regarded as a relaistic time frame for an NTO to be issued).


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Medway council have confirmed that a pcn is valid for 1000 days from date of issue. I think this will be enough for everybody who is being pursued for pcns that are over 1000 days old. If you put a late stat dec in and it gets accepted the perusing authority has to cancel the pcn. If it doesn't then send them a copy of this letter that i have attached.

 

medwayedit.jpg

 

Confirmed in writing ? can we see it ?

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Confirmed in writing ? can we see it ?

 

?????????????????????


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"Medway council have confirmed that a pcn is valid for 1000 days from date of issue." In writing ?

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It was Medway that initially stated their PCNs were valid for 1000 days which started this 'theory' off, so it hasn't really confirmed anything.

Is that from date of service? Date of contravention? or have Medway just plucked a figure out of the air?

Edited by green_and_mean

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"Medway council have confirmed that a pcn is valid for 1000 days from date of issue." In writing ?

 

How do you mean in writing ? Its a freedom of information request which medway council have replied to in writing ?


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It's a pity they don't confirm the supporting legislation behind their statement.

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Surely its only valid for six months after which a notice to owner has to be issued anyway? How long is a notice to owner or charge certificate valid?

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a link to the FOI response perhaps ?

Edited by lamma

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a link to the FOI response perhaps ?

 

Urm like it is in the first post.


So whats cooking today ?

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Sorry ! it wasn't showing for me. have cleaned out browser rubbish now :)

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It was Medway that initially stated their PCNs were valid for 1000 days which started this 'theory' off, so it hasn't really confirmed anything.

Is that from date of service? Date of contravention? or have Medway just plucked a figure out of the air?

 

Sorry, to bring this old tread back to life but I have just been reading the TEC Code of Practice which states the following:

 

The date of the Penalty Charge Certificate was issued must be at least 15 days prior to registration. A time limit of 6 years from the date of issue will apply"...

 

Therefore, Medway Council would appear to be wrong.....

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Is the code of practice available online? If so can you link us please.

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Is the code of practice available online? If so can you link us please.

 

No, it's over 100 pages and was obtained by an FOI request.

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"Penalty Charge Notice" in Medway's letter.

"Penalty Charge Certificate" in post #15 above.

Are we talking about the same thing?

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"Penalty Charge Notice" in Medway's letter.

"Penalty Charge Certificate" in post #15 above.

Are we talking about the same thing?

 

Yes we are. The Code of Practice then refers a few lines later to it being a Penalty Charge Notice.

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Sounds like loose words in the Code. seems to be the Charge Certificate they are talking about, that would make sense.

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Sounds like loose words in the Code. seems to be the Charge Certificate they are talking about, that would make sense.

 

Indeed, you cannot of course register a PCN with the TEC 15 days after issue so it cannot refer to a PCN. It appears to indicate you have 6 years to register the debt with the TEC after issue of the charge certificate.

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The correct answer is below....

 

Time limit for service of a notice to owner

20.—(1) A notice to owner may not be served after the expiry of the period of 6 months

beginning with the relevant date.

(2) The relevant date—

(a) in a case where a notice to owner has been cancelled under regulation 23(5)© of these

Regulations, is the date on which the district judge serves notice in accordance with

regulation 23(5)(d);

(b) in case where a notice to owner has been cancelled under regulation 5 of the

Representations and Appeals Regulations, is the date of such cancellation;

© in a case where payment of the penalty charge was made, or had purportedly been made,

before the expiry of the period mentioned in paragraph (1) but the payment or purported

payment had been cancelled or withdrawn, is the date on which the enforcement authority

is notified that the payment or purported payment has been cancelled or withdrawn;

(d) in any other case, is the date on which the relevant penalty charge notice was served

under regulation 9.

 

The PCN only lasts six months unless the other dates apply the PCN is only valid until the last date on which a NTO can be sent out, 1000 days has nothing to do with it.

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I agree. would say 'current' rather than valid though.

NTO supersedes it in the process.

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I agree. would say 'current' rather than valid though.

NTO supersedes it in the process.

 

Valid would imply it can be enforced a 3 year old PCN cannot have a NTO issued so its unenforceable ie invalid.

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