PCN for an offence 3 months ago?

Marktheshark

Because unless the OP is fully prepared to go all the way, he can save money by paying early.
The council usually fight to the death and will send staff to the tribunal even knowing they will lose, it is not their money.

SiJax

Am guessing that I'm the OP (offending party?), in which case I'm happy to take some time from work to challenge the procedure.
I can't necessarily query the offence, but am a road tax-paying, fully insured, Congestion Charge paying driver and to be stung 3 months down the line rankles a bit. I can think of loads of things I'd much rather do with £65. I've worked hours for that !!

AltheHibby

OP is original poster.

Marktheshark

It is research time then, main thing is timeline.
You have to know the timeline all appeals have to be in by and move to the next stage within the timeline if the council ignore you which they do quite a lot of the time.
Everything has to be sent by certified post and all certificates of postage must be kept.
The procedure is
: Informal appeal to council
Formal appeal to council.
Appeal to adjudication traffic tribunal.

The appeal point is Section 10 of the Traffic Management act 2008 stipulates as statutory instrument that the penalty charge must be served to the owner by post within 28 days.
This penalty charge has been posted at XX days therefore the PCN is non compliant with the TMA 2008.
The Registered Keeper therefore demands the PCN be revoked.

Johno100

Marktheshark wrote: »

The council usually fight to the death and will send staff to the tribunal even knowing they will lose, it is not their money.

I doubt that very much in this case based on the information the OP has provided.

And the envelope?

SiJax

That's really helpful everyone, thanks - Marktheshark in particular for your clearly laid out advice. I will appeal, certify all postage, and keep you guys updated.
Fingers crossed <insert relevant emoji here>

SiJax

P.S. Still have the envelope, but it's really quite unimpressive and not in the slightest unique, or date identifiable. Will keep for evidence, regardless.

Marktheshark

Johno100 wrote: »

I doubt that very much in this case based on the information the OP has provided.

And the envelope?

If you do not know the importance of the envelope as a proof of postage document, then google is your source.
It cancels out the excuse the letter was dated wrong and the OP sat on it.
It is proof of postage, councils can and do lie to win appeals and the onus is quite firmly on you to prove them liars and wrong.
You make sure every bolt hole is closed to them.

SiJax

Cool. It's in my arsenal. Thanks