Discussion:
What is time limit on issuing Penalty Charge Notice?
(too old to reply)
Ordinary Hard Working Bloke
2007-08-10 12:10:16 UTC
Permalink
Hi

I have just received a penalty Charge Notice from Ealing Council for
allegedly for making a prohibited U-turn.

The alleged contravention is photographed on 2nd July 07 but the date of
notice is 09 August 07.

Is there a time limit on such notices?

Thank in advance.
Adrian
2007-08-10 12:14:17 UTC
Permalink
Post by Ordinary Hard Working Bloke
I have just received a penalty Charge Notice from Ealing Council for
allegedly for making a prohibited U-turn.
Did you?
Post by Ordinary Hard Working Bloke
The alleged contravention is photographed on 2nd July 07 but the date of
notice is 09 August 07.
Is there a time limit on such notices?
Are you the registered keeper of the vehicle, and is it registered to the
address the FPN was sent to?

If so, then IIRC it has to be sent (not received) within 14days.
If not, then it has to have been sent to the registered keeper within 14
days, who then replies to it with the details of the person driving, who
then receives another FPN - and there's no timescale for any of those.
Ordinary Hard Working Bloke
2007-08-10 12:22:30 UTC
Permalink
Post by Adrian
Post by Ordinary Hard Working Bloke
I have just received a penalty Charge Notice from Ealing Council for
allegedly for making a prohibited U-turn.
Did you?
Post by Ordinary Hard Working Bloke
The alleged contravention is photographed on 2nd July 07 but the date of
notice is 09 August 07.
Is there a time limit on such notices?
Are you the registered keeper of the vehicle, and is it registered to the
address the FPN was sent to?
If so, then IIRC it has to be sent (not received) within 14days.
If not, then it has to have been sent to the registered keeper within 14
days, who then replies to it with the details of the person driving, who
then receives another FPN - and there's no timescale for any of those.
Hi Adrian

Yes, I am the registered owner and all I have is the 'Penalty Charge Notice'
which as I said is dated 5 weeks after the alleged offence.
Is there any statute that I can refer to on this matter?

Thanks again.
Adrian
2007-08-10 12:29:06 UTC
Permalink
Post by Ordinary Hard Working Bloke
Post by Adrian
Post by Ordinary Hard Working Bloke
I have just received a penalty Charge Notice from Ealing Council for
allegedly for making a prohibited U-turn.
Did you?
Post by Ordinary Hard Working Bloke
The alleged contravention is photographed on 2nd July 07 but the
date of notice is 09 August 07.
Is there a time limit on such notices?
Are you the registered keeper of the vehicle, and is it registered to
the address the FPN was sent to?
If so, then IIRC it has to be sent (not received) within 14days.
If not, then it has to have been sent to the registered keeper within
14 days, who then replies to it with the details of the person
driving, who then receives another FPN - and there's no timescale for
any of those.
Yes, I am the registered owner
Have you only bought the car recently?
Post by Ordinary Hard Working Bloke
and all I have is the 'Penalty Charge
Notice' which as I said is dated 5 weeks after the alleged offence.
Is there any statute that I can refer to on this matter?
You'd be best asking in uk.rec.driving - I've x-posted this reply.
Ordinary Hard Working Bloke
2007-08-10 12:36:04 UTC
Permalink
Post by Adrian
Post by Ordinary Hard Working Bloke
Post by Adrian
Post by Ordinary Hard Working Bloke
I have just received a penalty Charge Notice from Ealing Council for
allegedly for making a prohibited U-turn.
Did you?
Post by Ordinary Hard Working Bloke
The alleged contravention is photographed on 2nd July 07 but the
date of notice is 09 August 07.
Is there a time limit on such notices?
Are you the registered keeper of the vehicle, and is it registered to
the address the FPN was sent to?
If so, then IIRC it has to be sent (not received) within 14days.
If not, then it has to have been sent to the registered keeper within
14 days, who then replies to it with the details of the person
driving, who then receives another FPN - and there's no timescale for
any of those.
Yes, I am the registered owner
Have you only bought the car recently?
Post by Ordinary Hard Working Bloke
and all I have is the 'Penalty Charge
Notice' which as I said is dated 5 weeks after the alleged offence.
Is there any statute that I can refer to on this matter?
You'd be best asking in uk.rec.driving - I've x-posted this reply.
Thank for your help.
The Legend
2007-08-10 16:57:47 UTC
Permalink
Post by Ordinary Hard Working Bloke
and all I have is the 'Penalty Charge
Notice' which as I said is dated 5 weeks after the alleged offence.
Is there any statute that I can refer to on this matter?
IIRC, up to six months after the alleged offence. Although, uk.legal
will no doubt be able to give the definitive answer.

tox
Nick Finnigan
2007-08-10 19:05:55 UTC
Permalink
Post by The Legend
Post by Ordinary Hard Working Bloke
and all I have is the 'Penalty Charge
Notice' which as I said is dated 5 weeks after the alleged offence.
Is there any statute that I can refer to on this matter?
IIRC, up to six months after the alleged offence. Although, uk.legal
will no doubt be able to give the definitive answer.
28 days - see http://www.opsi.gov.uk/acts/locact03/30003--c.htm#6

Although they still have the option of trying for a proper conviction,
they would be stupid to attempt that for an alleged U-turn offence.
Richard J.
2007-08-10 20:31:18 UTC
Permalink
Post by Nick Finnigan
Post by The Legend
Post by Ordinary Hard Working Bloke
and all I have is the 'Penalty Charge
Notice' which as I said is dated 5 weeks after the alleged
offence. Is there any statute that I can refer to on this matter?
IIRC, up to six months after the alleged offence. Although, uk.legal
will no doubt be able to give the definitive answer.
28 days - see http://www.opsi.gov.uk/acts/locact03/30003--c.htm#6
Not quite. It's normally 28 days, but if the council applied to the
Secretary of State (i.e. DVLA in practice) within 14 days for the name and
address of the registered keeper, and that information was not supplied by
DVLA by the 28-day deadline, then the council are allowed to delay the issue
of the PCN for a maximum of a further 6 months. (section 6, subsections 3 to
6)
--
Richard J.
(to email me, swap 'uk' and 'yon' in address)
Ordinary Hard Working Bloke
2007-08-11 03:12:13 UTC
Permalink
Post by Richard J.
Post by Nick Finnigan
Post by The Legend
Post by Ordinary Hard Working Bloke
and all I have is the 'Penalty Charge
Notice' which as I said is dated 5 weeks after the alleged
offence. Is there any statute that I can refer to on this matter?
IIRC, up to six months after the alleged offence. Although, uk.legal
will no doubt be able to give the definitive answer.
28 days - see http://www.opsi.gov.uk/acts/locact03/30003--c.htm#6
Not quite. It's normally 28 days, but if the council applied to the
Secretary of State (i.e. DVLA in practice) within 14 days for the name and
address of the registered keeper, and that information was not supplied by
DVLA by the 28-day deadline, then the council are allowed to delay the
issue of the PCN for a maximum of a further 6 months. (section 6,
subsections 3 to 6)
--
Richard J.
(to email me, swap 'uk' and 'yon' in address)
Hi

Thanks for your reply. How do I find out whether they had applied to DVLA
within the 14 days and that they were not supplied the information. If I
wrote to them, would they really tell me?

Thanks in advance
Nick Finnigan
2007-08-11 12:15:50 UTC
Permalink
Post by Ordinary Hard Working Bloke
Thanks for your reply. How do I find out whether they had applied to
DVLA within the 14 days and that they were not supplied the information.
If I wrote to them, would they really tell me?
I think you want to write to them within 14 days anyway, and mention
that your vehicle was not there/ you were not driving/ you didnt' do a U
turn(whatever that is)/ U turns are not illegal/ they didn't issue the
notice within 28 days (although their website only refers to parking,
not moving traffic PCNs).
http://www.ealing.gov.uk/services/environment/parking/parking_tickets_and_fines/parking_tickets_and_fines/
Loading...