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Council Specific & Schunt Reports => Southwark => Topic started by: Esinem on 21 September, 2011, 02:46:43 PM

Title: Southwark PCN wording unenforceable?
Post by: Esinem on 21 September, 2011, 02:46:43 PM

Found this on Pepipoo, not sure if they have changed them since:

The PCN states:

"If full payment or a Representation has not been made within 28 days of the date of service of the penalty charge notice, the penalty charge may be increased by 50% to £180 and a Charge Certificate issued." Whereas the law requires the PCN to state:

"(d)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice is served;"

There are numerous adjudication and court decisions to the effect that "within X days of Y event" means 28 days after the event. What Southwark have got is a PCN that gives you a period of 29 days in which to make reps beginning with the date of service where the law requires 28.

Title: Re: Southwark PCN wording unenforceable?
Post by: Nigel W on 21 September, 2011, 07:09:29 PM

Sorry to disappoint you Esinem. I think that it has already been established that if you are give a EXTRA day or two to make representations that is O.K. It's when it is the other way around that they have problems.