is there a time limit for a council to respond to a pcn informal challenge

swift1_2

Hi,

I've been searching everywhere trying to find out if there is a time limit by which a council has to respond to an informal challenge to a pcn?

we emailed a challenge on 8-oct-09 and didn't get a response back till 10-jan-2010 - which was an email - no written letter - must they send a letter?

I read somewhere about a 56 day rule but think this applies to cars being clamped or towed away.

Any help much appreciated.
Thankyou.

Coupon-mad

Read what Coblcris says in his reply post here:

http://forums.moneysavingexpert.com/showthread.html?p=30170847&highlight=#post30170847

Not sure about the informal appeal response but the Council has 6 months to serve an NTO I believe, if you get sent an NTO then why not post it up here along with the PCN (front and back, all the blurb and dates but without your ID details)?

Maybe there are further points to appeal on (flaws with NTO or PCN wording are a common successful appeal point).

Peterthepirate

Coupon-mad wrote: »

Read what Coblcris says in his reply post here:

Not sure about the informal appeal response but the Council has 6 months to serve an NTO I believe, if you get sent an NTO then why not post it up here along with the PCN (front and back, all the blurb and dates but without your ID details)?

Maybe there are further points to appeal on (flaws with NTO or PCN wording are a common successful appeal point).

Well I'm going through a similar hell and I beleive that they have 56 days to issue an NTO according the the MSE parking charges, so, depending on when the clock started ticking, they may have exceeded the time limit already but please double check this. Then I assume you can just send a letter of rejection stating that they have not sent the NTO in 56 days?

Orford

swift1 wrote: »

I've been searching everywhere trying to find out if there is a time limit by which a council has to respond to an informal challenge to a pcn?
No, there is no statutory period for a response to an informal appeal.

I read somewhere about a 56 day rule but think this applies to cars being clamped or towed away..

The 56 day rule applies to the response to the formal apeal to the NTO

Hadeon

Orford wrote: »

The 56 day rule applies to the response to the formal apeal to the NTO

I second Orfords' post. No time limit for reply to informal challenge/appeal & 56 day statutory time limit for response to formal appeal following service of a NTO.

A certain Midlands City Council is currently quoting a delay of 16 weeks in responding to an informal challenge pleading shortage of staff & volume of work as justification.

Coblcris

Should these links be put in a sticky perhaps.
http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/betterprkstatutoryguid.pdf

http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/betterprkoperationalguid/

swift1_2

I had hoped to use this as my get out of jail card, surely there must be some sort of time limit, otherwise they could wait 1 year or more.

Coblcris - thanks for the links - I've read through the pdf and point 88 says "The Secretary of State suggests that authorities should respond within 14 days."
Although it doesn't say it must, it does seem there is an expectation that responses should be made within 14 days. I'm wondering if I can argue there has been an unreasonable delay - it took them 3 months! - I had completely forgotten about it. We have to abide by all the timelines when appealling - or is it one law for us and another for the council.

I received the NTO on 2nd Feb 2010. Nottingham council website does say that a written letter will be sent - however, only an email was sent to the person who made the informal challenge.

I'll upload the PCN and NTO once I've figured out how to upload stuff on here.

Hadeon - would that be Nottingham city council by any chance?

Many thanks for you efforts.

Coblcris

Council will play fast and loose with deadlines.
Irrespective of any deadline their responses normally decline or ignore the points in the appeal no matter how valid they are.
Appeals also get 'misplaced' in the hands of councils.
Summation:
There is no fixed dealine for the response to an informal appeal and if and when you recieve one it will be unsatisfying.

Hadeon

swift1 wrote: »

Hadeon - would that be Nottingham city council by any chance?

You've got it in one!.

To my personal knowledge, they've been providing this excellent (sic) service for at least 5 months.

floetic

Guys.. what exactly is the difference between an informal and formal appeal?

I made a 'challenge against a penalty charge notice' through the London Borough of Hammersmith & Fulham website which is a routine way of challenging an appeal. This was recieved March 13th 2010 and I received a notice of rejection on 10th June 2010.

Coblcris

http://www.parkingandtrafficappeals.gov.uk/tmaparkingenforcement.htm