Council PCN over 56 days ago, appeal just rejected

[Powerfully Built Company Directors Secretary]

I won't go into too much detail but back in early July I was issued a PCN by my local council for parking a van in a car space.

I appealed the PCN for several reasons which I won't go into. This appeal was lodged the same day as the ticket was received.

I have, today (11/11/22) just received an email with a letter rejecting my appeal.

I am aware that there is a law that says if the council does not respond to an appeal by the end of the 56th day, the appeal is accepted by default. Am I right in thinking that this is correct or does this only apply to appeals made once the Notice to Owner is issued? 56 days would've been 3rd September 22, so this has long passed.

For those wondering, the law is The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. Specifically, Part 2, Section 5 (Duty of enforcement authority to which representations are made)

ETA - date changed

Edited by Powerfully Built Company Directors Secretary on Friday 11th November 19:39

[Letstryadifferentcareveryyear]

If the offence was in July how can the a deadline 56 days later be the 13th August?

Even if it was the 1st July the 13th August is only 44days later.

[normalbloke]

Without going into too much detail, I can’t say…

[MustangGT]

It looks like the case. I would write back quoting the relevant legislation and say you deem that the appeal was accepted and decline their offer of a penalty charge.

This assumes there were no issues with addresses etc.

[Boosted LS1]

Councils are a law unto themselves. The scumbags don't care about the motorist, just how much they coin in each year.

[Powerfully Built Company Directors Secretary]

Hi all,

Thanks for the responses so far.

My apologies, the PCN was issued on 9th July 22 and appealed then as well. 56 days is 3rd September 22.

No issues with addresses as the appeal was done online and through email. The Notice to Owner will be sent to the RK which is currently me but in December will switch to my wifes new Ltd company. Either way, it'll come to the same address.

Even without this legislation, responding to a PCN appeal 4 months after is taking the mickey!

[irc]

Regardless of the issue here they should be using ticket income to pay sufficient admin staff to administer tickets promptly. 4 months is totally unacceptable.