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£155 charged for PCN almost 3 years old


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Can a council (Wandsworth) pursue a PCN that is almost 3 years old (January 2008). I had previously done a statutory declaration and it was successful. But now they are pursuing it again, are they allowed to do this after so long?

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When did you do the stat dec?

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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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The short answer is yes, they can pursue it after three years. Unless they have cancelled it previously, the charge is still payable. However, you can most likely get it cancelled by contesting it now.

 

In what way are they now pursuing it? What documents have you received? After your stat dec, they should have issued you with a Notice to Owner. Did they, and how long ago?

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The short answer is yes, they can pursue it after three years. Unless they have cancelled it previously, the charge is still payable. However, you can most likely get it cancelled by contesting it now.

 

In what way are they now pursuing it? What documents have you received? After your stat dec, they should have issued you with a Notice to Owner. Did they, and how long ago?

 

It is my understanding that the PCN will be cancelled after 1000 days. That could be very close.

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A 1000 days from when?

 

I am assuming that the "clock will run" from the date of issue. However, the TEC Code of Practice does not have any reference to expiry of the PCN after 1000 days and yet, I have been told by various local authorities that they cancel PCN's on the expiry of 1,000 days. One recent local authority to confirm this was Medway.

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I am assuming that the "clock will run" from the date of issue. However, the TEC Code of Practice does not have any reference to expiry of the PCN after 1000 days and yet, I have been told by various local authorities that they cancel PCN's on the expiry of 1,000 days. On recent local authority to confirm this was Medway.

 

As far as I'm aware that is the only source of this figure. Why would it run from date of issue and not date of service or date of contravention? I have read almost every piece of parking legislation, statutary guidance and TEC procedures and have never come across this figure other than in a post on here by someone who had been told that by Medway council.

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I would guess that there might be a policy of writing off PCNs after such a period if there is no prospect of identifying the owner or recovering the debt. I am also unware of any reg which says the PCN "expires" in this way. I believe they can be held live and pursued for as long as it takes.

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The contravention occured in Wandsworth on the 11th of January 2008. The statutory declaration was done almost 2 years ago. And we hadn't heard from them again until last Tuesday (16/11/2010). I have since this incident occured moved from this address, but I am still on am good friends with the person who lives there, so I go there often. I have also since sold the car, but to someone who lives in teh same building as me, so the car is parked in the car park of where I live now. I did not recieve the notice to owner, they sent the letter they send after the NTO together with a statutory declaration.

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So is this correct?

 

Stat dec done and accepted in 2008. Next contact from the COUNCIL = a Charge Certificate on 16/11/2010. (Probably also an NTO meantime, but whereabouts unknown.)

 

What you can do is file the statutory declaration in time. Give your current address. It should be accepted, then you will get another NTO direct to your home. Then you can finally contest the matter on the grounds of unreasonable timescales.

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you should win this. there are cases re too long a delay. the council is trying it on with you. so we can expect a few posts from people dealing with Wandsworth if they are getting up to these kinds of dirty tricks.

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