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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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I got letters from a collection company regarding payment of me not paying a PCN. I called

Customer Question

I got letters from a collection company regarding payment of me not paying a PCN. I called the council and said I did not receive any letters regarding the PCN. It turn out that due to an admin error on the councils side they sent the letters to a wrong address.
Over the year I got 10 PCN via their street camera, They have now sent all the PCNs to my correct address.
Do i have to pay as they are all over a year ago. The council have given me the 50% off, but just want to know if i have to pay.
Thanks
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think you may not have to?
Sorry if I am missing the point.
Do you dispute hte substantive allegation?
Customer: replied 2 years ago.

Hi,

As I have got 10 PCNs at one go and they are want me to pay within 14days or the fine will go up.

The PCN Tickets are a few months apart, so if i got them correctly the first time round I could pay it manageable.

They have sent all 10 in one go, even though it was their error that i did not get them a year ago.

What I am asking is:

1) Do the council have a time limit of when they must send a PCN if they suspect I have parked wrongly? If so. Then as I have received theses PCN over a year late, is it still valid.

2) As it was their error, does the 14 day rule still count, as they can not expect me to pay 10 fines all at one go with 14 days

Thanks

Expert:  Jo C. replied 2 years ago.
Thanks.
1 Not in these circumstances. If they were sent out by post then that should have happened within 28 days of the offence but when a statutory declaration is made the time is restrated.
2 The 14 day discounted period if entirely at the discretion of the councils. They don't have to offer it at all. They are entitled to demand the full amount immediately. They do it really to encourage early payment.
There is no specific defence arising from the issue of 10 PCNs at the same time.
You have to go through this in stage. If you did commit 10 different contraventions then they are entitled to fine on 10 different occasions. They do not have to allow you time to pay or to space out the fines.
It obviously went to the wrong address which is why you have been able to make a statutory declaration but it doesn't provide a defence to the substantive fines.
Sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo