PCN Issued out of time; I hope

[carowner]

Hi,

Received a PCN by post.

The date of contravention is the 14th of March 2013.

The date of issue of the notice is 6th of August 2013.

Is this not out of time?

Can I appeal on this ground?

Secondly, the PCN is in my son's name, who has never owned my car. This is certainly a mistake by Newham Council.

 

Any and all help gratefully appreciated.

[green_and_mean]

Why are you bothered if its out of time if the car has never been owned by the person to whom the PCN was sent why would you possibly think he should pay it? The form should have if you read it a box saying the recipient was never the owner just tick the box and post it back!

[carowner]

Thank you for your reply.

Thats what I thought. But here is my concern:

Will they not then correct that and then send it to me.

[sailor sam]

Thank you for your reply.

Thats what I thought. But here is my concern:

Will they not then correct that and then send it to me.

 

No. How can they "correct" it?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Jamberson]

What is it you actually received? A PCN or an NTO (Notice to Owner)?

 

Whose car is it, and how did they get your address and your son's name?

[carowner]

Brilliant!

Thanks

[carowner]

"What is it you actually received? A PCN or an NTO (Notice to Owner)?

 

Whose car is it, and how did they get your address and your son's name?"

 

 

PCN by post.

My car. I have no idea how they got my son's name on it.

My son lives with me.

[carowner]

No. How can they "correct" it?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

By checking with DVLA.

[carowner]

What is it you actually received? A PCN or an NTO (Notice to Owner)?

 

Whose car is it, and how did they get your address and your son's name?

 

PCN by post.

My car. I have no idea how they got my son's name on it.

My son lives with me.

PS. I replied to you above, apologies for doubling up.

Mind you , Sailor Sam says there ought not be problem. I assume he is right. Still would like to know about being out of time. Is there such a thing?

[sailor sam]

By checking with DVLA.

 

Checking with the DVLA will not "correct" their mistake. A PCN cannot be re-issued to rectify an error.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[carowner]

Checking with the DVLA will not "correct" their mistake. A PCN cannot be re-issued to rectify an error.]

 

I bow to your superior knowledge with glee. Thank you.

But in passing, do you happen to know about the time limits? If there is such a thing?

[Jamberson]

A PCN cannot be re-issued to rectify an error.

 

 

Hold on - an NTO can be re-issued to the correct person though. Can't this also be done with a postal PCN? I'd be surprised if not. Surely the OP could get an NTO in the correct name?

 

This story also implies that the vehicle is registered in the son's name. Even if the OP does not want to deal with it, he will be liable. Does he live at that address?

[sailor sam]

Hold on - an NTO can be re-issued to the correct person though. Can't this also be done with a postal PCN? I'd be surprised if not. Surely the OP could get an NTO in the correct name?

 

This story also implies that the vehicle is registered in the son's name. Even if the OP does not want to deal with it, he will be liable. Does he live at that address?

 

The OP states that his son has never owned the car so how can it be re-issued to the "correct" person?

 

The grounds on which you may make representations are:

 

The contravention did not occur;

You were not the owner of the vehicle at the relevant time;

The vehicle was parked by someone in control of it without the owner’s consent;

The vehicle is owned by a hire firm who have supplied the name and address of the hirer;

The penalty exceeded the amount applicable in the circumstances of the case;

There has been a procedural impropriety on the part of the enforcement authority;

The Traffic Order allegedly contravened is invalid;

The civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle.

The penalty charge has already been paid.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[carowner]

The OP states that his son has never owned the car so how can it be re-issued to the "correct" person?

 

The grounds on which you may make representations are:

 

The contravention did not occur;

You were not the owner of the vehicle at the relevant time;

The vehicle was parked by someone in control of it without the owner’s consent;

The vehicle is owned by a hire firm who have supplied the name and address of the hirer;

The penalty exceeded the amount applicable in the circumstances of the case;

There has been a procedural impropriety on the part of the enforcement authority;

The Traffic Order allegedly contravened is invalid;

The civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle.

The penalty charge has already been paid.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Just to confirm, this is not a story!!!

I own the car, my son lives at my address.

[green_and_mean]

Jamberson is correct it can be reissued to the correct person but why worry about something that may or may not happen you can deal with that when and if it occurs.

[carowner]

Hold on - an NTO can be re-issued to the correct person though. Can't this also be done with a postal PCN? I'd be surprised if not. Surely the OP could get an NTO in the correct name?

 

This story also implies that the vehicle is registered in the son's name. Even if the OP does not want to deal with it, he will be liable. Does he live at that address?

 

The car is registered in my name, my son lives with us and this is not a story!!

[carowner]

Jamberson is correct it can be reissued to the correct person but why worry about something that may or may not happen you can deal with that when and if it occurs.

 

So can I ask the original question, is it not already out of time?

Offence date: 14/03/2013

Notice Date: 06/08/2013

Some 5 months after contravention.

[Jamberson]

It is already issued to the "correct" person. The son. His name, his address. He needs to contest liability on the grounds that he is not the owner, and will need to provide evidence to those ends, if the council got his name from DVLA - and I presume they did, for where else would they get it? He needs to deal with it, and the upshot is that Carowner is in line to receive an NTO once he has corrected it.

 

Unless... the thing has timed out, as asked. What are the rules on a postal PCN?

[carowner]

It is already issued to the "correct" person. The son. His name, his address. He needs to contest liability on the grounds that he is not the owner, and will need to provide evidence to those ends, if the council got his name from DVLA - and I presume they did, for where else would they get it? He needs to deal with it, and the upshot is that Carowner is in line to receive an NTO once he has corrected it.

 

Unless... the thing has timed out, as asked. What are the rules on a postal PCN?

 

At last, yes can some one enlighten us on the time out issue?

[sailor sam]

I think you are missing the point. If son gets PCN for a car he does not own, he completes form accordingly and sends it back (as per what G & M stated in post #2). How then can the PCN be re-issued to the "correct" person when the issuing authority only have the details of the son? Obviously that is the info they have obtained via the DVLA which appears to be incorrect.

 

But anyway, yes, I think it is out of time anyway as I believe it has to be issued (by post) within 28 days.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[carowner]

I think you are missing the point. If son gets PCN for a car he does not own, he completes form accordingly and sends it back (as per what G & M stated in post #2). How then can the PCN be re-issued to the "correct" person when the issuing authority only have the details of the son? Obviously that is the info they have obtained via the DVLA which appears to be incorrect.

 

But anyway, yes, I think it is out of time anyway as I believe it has to be issued (by post) within 28 days.

 

Please Note

 

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Thank you. That's exactly what I wanted to hear. Thank you for quick response.

[green_and_mean]

If its cancelled for the wrong keeper it resets the 'clock'.

[carowner]

If its cancelled for the wrong keeper it resets the 'clock'.

 

So wouldn't it be better just for the "wrong keeper" to appeal on the grounds of it being out of time. This way it does not get to the correcting of the keeper stage and the resetting of the clock wont kick in.

[Jamberson]

It depends where the council got your son's details. Best thing is for him to ask the council where they got his name, If it's from DVLA, then the time-out issue arises. If it is from elsewhere, it does not, as the clock reset issue means it isn't necessarily late coming.

[carowner]

It depends where the council got your son's details. Best thing is for him to ask the council where they got his name, If it's from DVLA, then the time-out issue arises. If it is from elsewhere, it does not, as the clock reset issue means it isn't necessarily late coming.

 

I really cannot understand where his name could have come up from. He has his own car at the same address. It is possible that this is where the mix up could be from but I can't see that happening.

Okay, as you suggest, I will (or he will) write to the council and ask them the source of their information. I assume a simple letter with the relevant reference numbers will be sufficient.

Thank you for your help.