How long can a council respond to an informal PCN appeal?
Discussion
It would help if you told us what it was for. YBJ? Bus Lane? Parking?
The latter is the most common and the applicable legislation can be found here - https://www.legislation.gov.uk/uksi/2007/3482/regu...
If yours is for parking, the online representation will clearly show when it was received. If Camden has failed to abide by the statutory time frame that is a procedural impropriety.
The High Court has clearly stated that:
The Appeals Regulations make clear that procedural impropriety as defined is fatal to the recovery of a penalty charge. It is therefore incumbent
upon enforcing authorities to comply meticulously with the requirements of the statutory scheme if they are to recover penalty charges.
Paragraph 32, Page 21 - https://www.londontribunals.gov.uk/sites/default/f...
The latter is the most common and the applicable legislation can be found here - https://www.legislation.gov.uk/uksi/2007/3482/regu...
If yours is for parking, the online representation will clearly show when it was received. If Camden has failed to abide by the statutory time frame that is a procedural impropriety.
The High Court has clearly stated that:
The Appeals Regulations make clear that procedural impropriety as defined is fatal to the recovery of a penalty charge. It is therefore incumbent
upon enforcing authorities to comply meticulously with the requirements of the statutory scheme if they are to recover penalty charges.
Paragraph 32, Page 21 - https://www.londontribunals.gov.uk/sites/default/f...
Red Devil said:
It would help if you told us what it was for. YBJ? Bus Lane? Parking?
The latter is the most common and the applicable legislation can be found here - https://www.legislation.gov.uk/uksi/2007/3482/regu...
If yours is for parking, the online representation will clearly show when it was received. If Camden has failed to abide by the statutory time frame that is a procedural impropriety.
The High Court has clearly stated that:
The Appeals Regulations make clear that procedural impropriety as defined is fatal to the recovery of a penalty charge. It is therefore incumbent
upon enforcing authorities to comply meticulously with the requirements of the statutory scheme if they are to recover penalty charges.
Paragraph 32, Page 21 - https://www.londontribunals.gov.uk/sites/default/f...
Thanks mate, yes that's exactly that, a parking PCN by Camden, took two bloody months to reply to my first (informal) apeal. Can I ask you how much are they allowed in days? Thank youThe latter is the most common and the applicable legislation can be found here - https://www.legislation.gov.uk/uksi/2007/3482/regu...
If yours is for parking, the online representation will clearly show when it was received. If Camden has failed to abide by the statutory time frame that is a procedural impropriety.
The High Court has clearly stated that:
The Appeals Regulations make clear that procedural impropriety as defined is fatal to the recovery of a penalty charge. It is therefore incumbent
upon enforcing authorities to comply meticulously with the requirements of the statutory scheme if they are to recover penalty charges.
Paragraph 32, Page 21 - https://www.londontribunals.gov.uk/sites/default/f...
Edited by TB404 on Friday 22 October 21:24
OP, am I right in thinking that you received a windscreen PCN (which I should have picked up from your mention of an informal appeal)? If so, the statutory time frame relates to a formal challenge after a NTO, not a informal one.
Provided you responded within the 14 day discount period, Camden should still have given you a further 14 days to pay at the discounted amount despite their dilatory response time.*
If you didn't you'll be on the hook for the full amount. This is a different LA outside London but gives the gist of it - https://www.gravesham.gov.uk/home/parking-and-road...
If you're still bent on challenging the PCN you'll need to receive a NTO and go through the full process. You'll then definitely lose the 50% discount offer.
Should Camden still reject your formal appeal you'll need to decide whether to go to the Adjudicator at London Tribunals. It's then the full whack or nothing depending on the adjudicator's decision.
* This may explain Camden's tardiness - https://www.camden.gov.uk/challenge-a-pcn
Provided you responded within the 14 day discount period, Camden should still have given you a further 14 days to pay at the discounted amount despite their dilatory response time.*
If you didn't you'll be on the hook for the full amount. This is a different LA outside London but gives the gist of it - https://www.gravesham.gov.uk/home/parking-and-road...
If you're still bent on challenging the PCN you'll need to receive a NTO and go through the full process. You'll then definitely lose the 50% discount offer.
Should Camden still reject your formal appeal you'll need to decide whether to go to the Adjudicator at London Tribunals. It's then the full whack or nothing depending on the adjudicator's decision.
* This may explain Camden's tardiness - https://www.camden.gov.uk/challenge-a-pcn
Red Devil said:
OP, am I right in thinking that you received a windscreen PCN (which I should have picked up from your mention of an informal appeal)? If so, the statutory time frame relates to a formal challenge after a NTO, not a informal one.
Provided you responded within the 14 day discount period, Camden should still have given you a further 14 days to pay at the discounted amount despite their dilatory response time.*
If you didn't you'll be on the hook for the full amount. This is a different LA outside London but gives the gist of it - https://www.gravesham.gov.uk/home/parking-and-road...
If you're still bent on challenging the PCN you'll need to receive a NTO and go through the full process. You'll then definitely lose the 50% discount offer.
Should Camden still reject your formal appeal you'll need to decide whether to go to the Adjudicator at London Tribunals. It's then the full whack or nothing depending on the adjudicator's decision.
* This may explain Camden's tardiness - https://www.camden.gov.uk/challenge-a-pcn
How do you know so much about this stuff Ant?Provided you responded within the 14 day discount period, Camden should still have given you a further 14 days to pay at the discounted amount despite their dilatory response time.*
If you didn't you'll be on the hook for the full amount. This is a different LA outside London but gives the gist of it - https://www.gravesham.gov.uk/home/parking-and-road...
If you're still bent on challenging the PCN you'll need to receive a NTO and go through the full process. You'll then definitely lose the 50% discount offer.
Should Camden still reject your formal appeal you'll need to decide whether to go to the Adjudicator at London Tribunals. It's then the full whack or nothing depending on the adjudicator's decision.
* This may explain Camden's tardiness - https://www.camden.gov.uk/challenge-a-pcn
You certainly don’t drive a typical lawyers car.
Hol said:
How do you know so much about this stuff Ant?
Around 20 years ago a London Borough tried to strong arm me into paying a spurious PCN. It claimed that I was parked in a suspended bay.I knew it wasn't the case, so I decided to do some homework which led to the discovery that the LA had completely failed to follow due process in several respects.
If motorists are expected to comply with legislative requirements, the same applies to the authorities. Sauce. Goose. Gander.
Hol said:
You certainly don’t drive a typical lawyers car.
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