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Clarification of 56 day rule
I hope somebody can clarify the below for me!
I received a PCN on the 03/02/10, I wrote the next day to challenge it under 'mitigating circumstances'. I then received a letter from them dated the 10/02/10 to acknowledge receipt of my letter and that they would look into it and get back to me in 'due course'.
I heard nothing further and had begun to think that it had got lost somewhere in the system when suddenly I received a letter from them dated the 29/04/10 to inform me that I had been unsuccesful and that I should pay - still at the discounted rate. This was nearly 3 months from when the initial ticket had been issued! I then rang the parking office to enquire about time frames that they should have responded within and was told that it is usually 2-3 weeks and that they should respond within 56 days (mine was 78!).
I decided to investigate further on the internet and now I am very confused! Lots of websites state that an NTO should be issued within 56 days of the original PCN - which is now impossible for the council as they have already exceeded that time limit. However, lots of websites also state that there is no legal time limit for a council to respond to an 'informal challenge', but the Dft.gov website says that the Secretary of State recommends informal challenges be responded to within 14 days?
As you can see I am very confused - any help greatly received as the next level of challenge is obviously for the full amount (I think) at £120! Don't want to go there if there is no chance!
Please help!!!!! THANKS
I received a PCN on the 03/02/10, I wrote the next day to challenge it under 'mitigating circumstances'. I then received a letter from them dated the 10/02/10 to acknowledge receipt of my letter and that they would look into it and get back to me in 'due course'.
I heard nothing further and had begun to think that it had got lost somewhere in the system when suddenly I received a letter from them dated the 29/04/10 to inform me that I had been unsuccesful and that I should pay - still at the discounted rate. This was nearly 3 months from when the initial ticket had been issued! I then rang the parking office to enquire about time frames that they should have responded within and was told that it is usually 2-3 weeks and that they should respond within 56 days (mine was 78!).
I decided to investigate further on the internet and now I am very confused! Lots of websites state that an NTO should be issued within 56 days of the original PCN - which is now impossible for the council as they have already exceeded that time limit. However, lots of websites also state that there is no legal time limit for a council to respond to an 'informal challenge', but the Dft.gov website says that the Secretary of State recommends informal challenges be responded to within 14 days?
As you can see I am very confused - any help greatly received as the next level of challenge is obviously for the full amount (I think) at £120! Don't want to go there if there is no chance!
Please help!!!!! THANKS
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Comments
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Was this PCN fixed to your car or posted? Which town/city?Always try to be at least half the person your dog thinks you are!0
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The PCN was attached to my car, it was in the borough of Southwark in the parking hell that is London!0
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Ok, so the letter you have just received is a reply to informal reps & not a notice to owner?
AFAIA there is no time limit for them to respond to informal reps but, in London, they must issue a notice to owner within 6 months...
To be honest I think you would be better posting this here http://forums.pepipoo.com/index.php?showforum=30 they are very good with PCNs. Be prepared to scan both sides of the PCN & any other stuff they ask for!
While I know a little I don't want to advise you wrongly
Always try to be at least half the person your dog thinks you are!0
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