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Pcn on red route

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  • Pcn on red route

    Have received a PCN for stopping on a red route for 2 minutes to make a phone call
    The notice was issued on 12/1/2016 for an offence that allegedly happened on 25/9/2015
    Is this legal as I understood it had to be issued within 28 days of the offence
    Tags: None

  • #2
    Re: Pcn on red route

    PCN issued by CCTV under the Traffic Management Act 2008 must be served by the council no later than 28 days commencing with the date that the alleged contravention took place. If they do not the PCN is invalid and should be appealed - the council may not cancel it and the motorist may need to take the case all the way to the parking adjudicator.

    (England) General (Amendment No. 2) Regulations 2015
    The General Regulations:
    Penalty charge notices — service by post
    10. — (1) An enforcement authority may serve a penalty charge notice by post where—
    (a)
    on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;
    (b)
    a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or
    ©
    a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9,
    and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.
    (2) For the purposes of paragraph (1)©, a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.
    (3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.
    (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;
    (b)
    an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 23(5)©; or
    ©
    an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.
    (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; or
    (b)
    in a case falling within paragraph (5)(b) or ©, for a period of 4 weeks beginning with the appropriate date.

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