received a letter from a Council about a parking ticket from over 2 years ago.21/04/2011.

[gavmoulds]

Hi all.I have just received a letter from a Council about a parking ticket from over 2 years ago.21/04/2011.

 

It states that i did not clearly displaya valid ticket.

 

At the time I recall sending an appeal. I never heard anything and assumed it was upheld.

 

I have not received any further communication since the original date.

[Jamberson]

Where is the case at? You say it was a "letter" but was it in fact a formal notice called Notice to Owner or something?

[gavmoulds]

Its a letter from the Council

[Jamberson]

When a PCN is issued, but not paid, the council has to issue a Notice to Owner within 56 days. They may have issued one and sent it to someone else, but if they didn't issue one at all, then they can't enforce payment.

 

It would help if you could provide some more details, like what the letter actually says, what it states your options are, that sort of thing. Also, some background info on what has happened with the PCN over the last two years.

[green_and_mean]

When a PCN is issued, but not paid, the council has to issue a Notice to Owner within 56 days.

 

its 6 months

[Jamberson]

its 6 months

 

I stand corrected. Nevertheless, for a PCN which is two years old, the same issue is at stake. Did they issue a Notice to Owner at all, to anyone, in the first six months?

[gavmoulds]

I simply have a letter from someone in the council and all it says is :

 

dear sir / madam

 

Our records show that the above penalty charge is still unpaid with an outstanding balance of £82.00.

 

Please pay £82.00 to clear this so that the penalty charge case may be closed.

 

Payment should be received by 30/06/2013 to avoid further action which would incur further costs.

 

It then just lists methods of payment.

 

I do not recall any notice to owner.

[Jamberson]

The letter is probably a bluff to get you to pay, even though they can't force you.

 

Call them on Monday and ask what date the first Notice to Owner for that PCN was issued. If its more than six months after the PCN, you're in the clear.

[green_and_mean]

If its more than six months after the PCN, you're in the clear.

 

That's not exactly true its 6 months after the 'relevant date', for example they issue you with a NTO just inside the six months you reply stating you sold me the car the day before the contravention they then have 6 months to send me a NTO so I could legally receive it after a year!

[Jamberson]

So you are saying, in effect, six months from getting the current person's name and address as the supposed owner of the car? That would be a requirement in addition to the initial six months rule, which requires them to issue an NTO to someone or other. Failure on either would make the PCN unenforceable.

 

We just need to know the facts at this stage. What was issued and when.

[green_and_mean]

So you are saying, in effect, six months from getting the current person's name and address as the supposed owner of the car? That would be a requirement in addition to the initial six months rule, which requires them to issue an NTO to someone or other. Failure on either would make the PCN unenforceable.

 

We just need to know the facts at this stage. What was issued and when.

 

I didn't wish to sound pedantic but you know what people are like they will read something and then think it will apply to them regardless of the context after finding the thread months later.

 

The relevant date—

(a)in a case where a notice to owner has been cancelled under regulation 23(5)© (ie. due to witness statement) 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

[Jamberson]

All useful info.