When it comes to Penalty Charge Notices the council are required to get on with the processing in a businesslike manner (a vulgar person might call it the piss or get off the pot principle).
Barnet Council have not done so.
There isn't a strict time limit laid down in the Human Rights Act but PCN sent by post have to be issued within, usually, 28 days.
Notices to Owner have to be issued within 6 months with 56 days being best practice.
Replies to formal representations have to be within 56 days.
The Code of Practice of London Councils states that there shouldn't be a delay at any stage of more than 6 months and if there is a council should cancel a PCN. Barnet Council don't like doing that as it costs them money (is the way they see it).
So if we follow the Code of Practice there should be no more than 168 days between the Notice to Owner and the Charge Certificate or more than 365 days between the PCN and the Charge Certificate.
Here are 30 or so cases which ended up in front of the Adjudicator at PATAS. As soon as a motorist mentions delay and Human Rights the PCN gets binned. Do make sure you mention it.
|PATAS||Hearing||PCN||NtO||C.C.||Delay - days|
So the number of days from PCN to Charge Certificate should not exceed 365 and the number of days from Notice to Owner to charge Certificate should not exceed 183. You will see that it frequently does. 656 days is the winner so far although Mr Mustard did have a case heading for 1,000 days but he fixed it without recourse to the Adjudicator.
Mr Mustard remains hopeful that if he continues to highlight the ways in which parking goes wrong, they will start to do it right.