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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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can councils chase for old PCNs i.e. is there a date by which

Customer Question

can councils chase for old PCN's i.e. is there a date by which a pcn becomes invalid due to the time lapse?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

The short answer is that it depends.

Its a summary only contravention so they are subject to time barring of six months.

However, if they already have a decision from an adjudicator within 6 months of the PCN then they can enforce that.

What they cannot do is revive old PCNs and put the before the Adjudicator out of time.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.


Hi Jo


 


Thanks. What do you mean by a summary only contravention?


 


Belinda

Expert:  Jo C. replied 3 years ago.
Can only be tried summarily - only in the lower courts.
Customer: replied 3 years ago.


Thanks Jo


 


Sorry just trying to understand. When you say if they have a decision from an adjudicator - at what stage is that? Is that at the rejection stage after the ticket has been contested?


 


Thanks


Belinda

Expert:  Jo C. replied 3 years ago.
The stages are

1 The issue of the PCN.

2 The Notice to Owner

3 The adjucation.

If you appeal the PCN then you receive a notice of rejection of representations with an option to further pay. If you don't pay you get the notice to owner. If you don't appeal that then it goes straight to the adjudicator.

You need to check what stage this has reached.