I live in Wales. I was given a parking notice in April 2011. I did not receive it at the time but subsequently received a charge certificate quoting the "Civil Enforcement of Parking Contraventions (General Provisions)(Wales) regulations 2008".I contacted the council and pointed out that these regulations were revoked by subsequent legislation. I was told that the Council would respond (which they did not). I have now received an order for recovery of unpaid penalty charge. Should I pay?
Province/Country relating to question : Downes
Contacted the council but received no reply.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Did you appeal the notice to owner?
What was the outcome of that?
And you appealed formally to the Council?
No. As first notice I received was Charge Certificate that stated I had no longer the right to make representations to the council I contacted them by phone to ask for the details of the original penalty notice and spoke to the legal officer in the traffic department and pointed out that the legilation referd to had been revoked before the offence. I was told that they would consider what I had said and would respond. They did not.
How long ago was that?
About 14th August 2011. I know this because I downloaded the legislation and the new legislation on that date. Contact with Council could have been one or two days later.
Ok. That is a problem I'm afraid.Obviously the PCN should have been attached to your car or sent by post within 28 days to the address of the registered keeper. Also, you should have received a notice to owner.However, the problem that you have is that this was over a year ago and you didn't access the correct remedy.Upon receiving the charging certificate the right thing to do would have been to make a statutory declaration to the effect that you didn't get the PCN or NTO. Come what may, you did not. You are out of time now.You can make an out of time stat dec. Often they are refused but you can appeal that. Often the appeals succeed but really because the argument is generally that the motorist didn't know anything about it until the bailiffs attended. Thats not your position here. You got the charge certificate and didn't act.It is possible that you will meet with a Judge minded to show mercy and let your appeal succeed but it cannot be guaranteed.If that fails, unfortunately, there is no appeal beyond judicial review and that is extremely expensive and there may or may not be grounds here. Also, you are probably going to be time barred from that action as it has to be brought within 3 months I'm afraid.Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
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