Parking offense from 2009
Discussion
Also, I would recommend checking out PePiPoo - http://www.pepipoo.com/
Just make sure you blank out any identiying details on anything you post there, like reference numbers, name, address, reg etc.
Just make sure you blank out any identiying details on anything you post there, like reference numbers, name, address, reg etc.
If this is a PARKING CHARGE NOTICE issued by a private firm you can ignore and also any other corresponence that they send.
But if it is a PENALTY CHARGE NOTICE it has statutory authority and has to be actioned:
The Civil Enforcement of Parking Contraventions (England) General Regulations 2007
(SI 3483)
Reg 10 - service by post
4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
(5) Paragraph (6) applies where—
(a)within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;
(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice—
(a)in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date;
BUT you state that you threw the ticket at the CEO which to me means it was either served at the time by placing it on the vehicle or handed to you as the driver. If this is the case then the above will not apply as the PCN will deemed to have been served
BUT
If the ticket issued at the time is not paid then Reg 20 demands that they send a Notice to Owner within 6 months of when the initial ticket was served.
If still not paid/objection made then they raise a Charge Certificate after 28 days
of service of Notice to Owner.
14 days after nothing back from Charge Certificate then they can County Court for the cash.
From what stated it looks like they 'are out of time' in relation to issue of paper work and therefore give grounds for an appeal up to the Parking Adjudicator for proceedural impropriety.
dvd
But if it is a PENALTY CHARGE NOTICE it has statutory authority and has to be actioned:
The Civil Enforcement of Parking Contraventions (England) General Regulations 2007
(SI 3483)
Reg 10 - service by post
4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
(5) Paragraph (6) applies where—
(a)within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;
(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice—
(a)in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date;
BUT you state that you threw the ticket at the CEO which to me means it was either served at the time by placing it on the vehicle or handed to you as the driver. If this is the case then the above will not apply as the PCN will deemed to have been served
BUT
If the ticket issued at the time is not paid then Reg 20 demands that they send a Notice to Owner within 6 months of when the initial ticket was served.
If still not paid/objection made then they raise a Charge Certificate after 28 days
of service of Notice to Owner.
14 days after nothing back from Charge Certificate then they can County Court for the cash.
From what stated it looks like they 'are out of time' in relation to issue of paper work and therefore give grounds for an appeal up to the Parking Adjudicator for proceedural impropriety.
dvd
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