• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PCN received after 14 days of the incident

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PCN received after 14 days of the incident

    Hello there,

    I'm quite new to this. I've received a PCN today (22/06/2016) and the date of contravention was on 06/06/2016, Date of notice is on 14/06/2016. There is no date on envelope and I only can see the bar code. I'm not sure post office can help to track the date they sent. Please find the attach letter. I don't think I saw the arrow on a blue sign, otherwise I won't turn.

    Can anyone help me please?

    Many thanks.

    Jp
    Attached Files
    Tags: None

  • #2
    Re: PCN received after 14 days of the incident

    Hi and welcome
    Basically the time limit for issuing a notice is 28 days from when the occurrence took place.

    I'm afraid not seeing a sign is not a defence, unlessit was incorrectly sited, or missing or obscured etc.
    Have you checked that the signs are there and comply with the relevant regulations?

    Comment


    • #3
      Re: PCN received after 14 days of the incident

      Good morning, many thanks for your message. I wasn't defending not seeing a sign (it was a silly mistake not looking up properly). I believe I've been disturbed by heavy traffic ahead.
      And also I thought the time limit for issuing a notice is 14 days.
      In that case I better pay quickly and extra careful in the future.
      Once again, I really appreciate for your help.
      Best, Jp

      Comment


      • #4
        Re: PCN received after 14 days of the incident

        Originally posted by kmphyoe View Post
        Good morning, many thanks for your message. I wasn't defending not seeing a sign (it was a silly mistake not looking up properly). I believe I've been disturbed by heavy traffic ahead.
        And also I thought the time limit for issuing a notice is 14 days.
        In that case I better pay quickly and extra careful in the future.
        Once again, I really appreciate for your help.
        Best, Jp
        Possible confusion between a PCN & a Notice of Intended Prosecution via the Road Traffic Offenders Act 1988 s1(1)(c)?
        http://www.legislation.gov.uk/ukpga/1988/53/section/1
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: PCN received after 14 days of the incident

          Thank you very much Charitynjw, which mean if I can prove that I received a pcn on 22/06/2016 (after 14 days later), I have a chance to appeal. I have no idea why they put the date of notice 14/06/2016 and delivered to me on 22nd (they sent it via 1st class but no date on envelope except bar codes).
          I'm not sure how can I prove though. But it is very useful info to know and thanks alot.
          Regards,
          Jp

          Comment


          • #6
            Re: PCN received after 14 days of the incident

            Err no!
            Notice of intended prosecution: time limit 14 days
            Penalty charge notice: time limit 28 days

            Comment


            • #7
              Re: PCN received after 14 days of the incident

              Originally posted by kmphyoe View Post
              Thank you very much Charitynjw, which mean if I can prove that I received a pcn on 22/06/2016 (after 14 days later), I have a chance to appeal. I have no idea why they put the date of notice 14/06/2016 and delivered to me on 22nd (they sent it via 1st class but no date on envelope except bar codes).
              I'm not sure how can I prove though. But it is very useful info to know and thanks alot.
              Regards,

              Jp
              IMHO

              A PCN via the Road Traffic Act 1991 allows 28 days. (As des says above)

              http://www.legislation.gov.uk/ukpga/1991/40/section/21

              (7)
              A requirement under subsection (2) may be made by written notice served by post; and where it is so made—

              (a)
              it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and

              (b)
              the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: PCN received after 14 days of the incident

                Ops, my bad.
                Anyway, thank you for your help and info.

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                Working...
                X