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    • joe1b
    • By joe1b 6th Mar 18, 2:27 PM
    • 5Posts
    • 2Thanks
    LLA postal PCN served after 28 days
    • #1
    • 6th Mar 18, 2:27 PM
    LLA postal PCN served after 28 days 6th Mar 18 at 2:27 PM
    Hi everyone and thanks for reading this.

    I'm hoping someone can help me challenge a postal pcn (captured by cctv) I received under the "London Local Authorities and Transport for London Act 2003" for a moving traffic contravention from London Borough of Redbridge.

    I would like to make it clear at the outset that I have no defence regarding the actual offence. That was an oversight on my part that I accept.

    What struck me however was the lateness of the notice in relation to the date of the offence. The alleged offence occurred on 14/12/2017, but the date printed on the notice is 09/01/2018. It was received on 11/01/2018. That is a full 29 days from the date of the offence, which seems to be a breach of the Act, which says at Part 2 Section 6 (Limitation on service of penalty charge notice):

    "(1) Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply ocurred."

    I appealed on this basis at the first stage to the council, and I expected that they would uphold the appeal.

    However, they have today replied with a rejection of representations, in which they claim that "this penalty charge notice was served within 28 days of the date of the contravention", which I know isn't true.

    The trouble is, how on earth do I prove that it was served late? The letter came by ordinary post and it wasn't signed for. It just seems like their word against mine?

    I tried to find a definition of when service of the posted pcn is deemed effected, and I have searched the complete Act to that end, but apparently there is none.

    On the other hand, the Traffic Management Act 2004 clearly defines service as two working days after the date of the notice, but I don't know whether that regulation even applies here.

    I have now been given the option of paying the reduced amount of 50% of the fine, or appealing further to the adjudicator. I want to be sure that I am in the right before I proceed to appeal further.

    Can anybody shed some light on how to calculate/define date of service under the "London Local Authorities and Transport for London Act 2003"?
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    • Umkomaas
    • By Umkomaas 6th Mar 18, 3:23 PM
    • 16,872 Posts
    • 26,410 Thanks
    • #2
    • 6th Mar 18, 3:23 PM
    • #2
    • 6th Mar 18, 3:23 PM
    As we tend to major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there (but please note that a hotmail address won't work) and post a new thread; here's your link:

    Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

    PePiPoo has an excellent success record in dealing with council tickets.

    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • joe1b
    • By joe1b 6th Mar 18, 3:50 PM
    • 5 Posts
    • 2 Thanks
    • #3
    • 6th Mar 18, 3:50 PM
    • #3
    • 6th Mar 18, 3:50 PM
    Thanks. Heading over there straight away.
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