WIN at Informal Appeal stage
PENALTY CHARGE NOTICE (PCN) DETAILS
Reason: Contravention Code 38I: Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of the sign.
Enforcement Authority: London Borough of Hounslow
The driver drove on the opposite side of the road and got a Penalty Charge Notice (PCN). However, this was due to a van parked next to an island which was blocking their single lane, so the driver had to go around the island to get through (it was a small local road).
This seemed like a difficult one to take on. However, before diving into anything we always look at the timelines to ensure the PCN issued is compliant.
Well what do you know! There was no need to look into the case at all. The council had sent the PCN 28 days after the actual contravention occurred.
Hounslow Council failed to comply with the Civil Enforcement of Parking Contraventions (England) General Regulations 2007. Specifically Part 2 (Penalty Charge Notices), Regulation 10 (Penalty charge notices — service by post, paragraph (4), which states;
“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”).”
Surprisingly they actually accepted the appeal first time (if you read this case study, you’ll understand why we were surprised).