Notice to owner 7 months after offence

steveg1959

Hi , please help . Parking ticket issued on 05/08/2008 . I never found it on my car so didn't know it had been issued . I have a notice to owner dated 17/03/2009 . It's croydon Council and they want £120 . Is this legal . Can they issue after 7 months . I am appealling if only to reduce the fine to the original £60 . Any help welcomed . Steveg ..

rachelkate

If it were to go to Court for example - the informations laid to the Court have to be done so within 6 months(depending on offence) of the offence occuring and if it is outside 6 months then the informant has to give reasons as to why it's out of the 6 month time limit. It seems that what you have may be a reminder to pay perhaps. You will have to prove that you did not receive it in order to get away with it.

TheBogsDollocks

Regulation 20 of S.I. 2007/3483 advises

[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]

Time limit for service of a notice to owner
20.[/FONT][/FONT]—(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)(c) 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;
(c) 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payment had been cancelled or withdrawn, is the date on which the enforcement authority
is notified that the payment or purported payment has been cancelled or withdrawn;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.

See full regs below to establish "relevant date".

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&Year=2007&number=3483&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&activeTextDocId=3440187

steveg1959

I've read the legal jargon , not too sure I'm following it though , can they issue NTO after no contact at all for 7 months . They told me on the phone that as I never paid the original ticket that they then have 6 months to contact DVLA and get my address . They did that on Feb 11th which is still over the 6 months . More help needed please .. Steveg

Cat695

ao are they agreeing that this is the first time they contacted you??

Neil_B

What does it matter? Bogs has already answered him, although he described it as legal jargon it is the answer to the question.

unless there is more to the story????? then the NtO is served out of time and invalid. appeal based on procedural impropriety. Croydon are normally quite good IME and unlikely to contest that.
-

Neil_B

rachelkate wrote: »

If it were to go to Court for example

Errr,what 'Court' did you have in mind since such matters don't come before a Court?

rachelkate wrote: »

- the informations laid to the Court have to be done so within 6 months

the what? and ditto above.

rachelkate wrote: »

(depending on offence) of the offence occuring

The what? and the what occurring? What 'offence'?

rachelkate wrote: »

and if it is outside 6 months then the informant

The who?

rachelkate wrote: »

It seems that what you have may be a reminder to pay perhaps.

He clearly stated what legal document had been received.

rachelkate wrote: »

You will have to prove that you did not receive it in order to get away with it.

he is not 'getting away' with anything! Nor does he have to prove anything. The date of issue 17/3/09 is kind of a clue don't you think. difficult to receive something before it is even produced, DOH!

TheBogsDollocks

steveg1959 wrote: »

I've read the legal jargon , not too sure I'm following it though , can they issue NTO after no contact at all for 7 months . They told me on the phone that as I never paid the original ticket that they then have 6 months to contact DVLA and get my address . They did that on Feb 11th which is still over the 6 months . More help needed please .. Steveg

It all hinges on the "relevant date" and 6 months from it.

For example, if your vehicle happens to be a hire vehicle and it took 3 months for the hire company to provide your details then the NtO can be served upto 6 months from the date when your details were provided.

If you are the registered keeper with the DVLA and have been since the date of the contravention then the authority are expected to serve an NtO within 6 months from when the PCN was served. If they fail to do so you can appeal on grounds of procedural impropriety and I'd be surprised if the authority challenged this and attempted to chase you for the penalty charge.

There are a couple of scenarios where the relevant date is other than the date the PCN was served but we need you to clarify certain detals such as have yousubmitted a witness statement, is your car a hire vehicle and have you made any payment?

steveg1959

Thanks for all the great advice . In reply I have had no contact whatsoever with Croydon council . The car is mine and has been since before the parking fine was issued on 5/08/2008. I have made no payment , nor have I replied to the NtO as yet .Steveg

Pizza

Does the same apply to NTO send by Transport for London? as they have different legislations, i think. Pls advse.

Thank you

peter_the_piper

Pizza wrote: »

Does the same apply to NTO send by Transport for London? as they have different legislations, i think. Pls advse.

Thank you

This could get confusing as this is an old thread. Can you please start your own thread, see box at top left, and give all details you can.