Mr Mustard had a PCN in Wandsworth and the council were so slow to respond that they lost by default. The law for parking, since May 22, says this:
Before May 2022 the 2007 Regulations said largely the same except that the requirement at b(iii) did not exist. As it happens Mr Mustard has not yet seen such a letter. It should be automated within the PCN process software as most things which adversely affect the motorist are.
Having seen one failure to send a formal Notice of Rejection such that it would be served, received, within 56 days and thus to allow 2 days in the post be sent by day 54, Mr Mustard decided to ask Wandsworth how often they were failing to comply with Regulations. It is assumed that enforcement authorities will use their powers in a way which is fair in all the circumstances. Mr Mustard sees so many different shenanigans that he is certain that they don't, at least some of the time, and different enforcement authorities have different tricks.
There isn't the same limit for bus lane or moving traffic PCNs for which an adjudicator will generally give a bit more leeway and only time the authority out after 90 days and this is why the request was tightly defined. In addition 'Notice of Rejection' has a defined meaning, it does not refer to the rejection of informal challenges made immediately after receipt of a parking PCN on street. The answer should have been that apart from the one Notice of Rejection of which Mr Mustard was aware there should be no other errors but of course there were. The response excluded the PCN numbers but that wasn't surprising.
So there we are, 378 errors in favour of Wandsworth Council, 378 acts of sending a Notice of Rejection when they were not entitled to.
Who thought it an acceptable timescale to send a Notice of Rejection 238 days after representations were made. A lot happens in people's lives in that time and a motorist could be excused for throwing their paperwork away after 180 days having decided the council has given up.
The thing to do as members of the public can't be expected to know these arcane rules in the same way as Mr Mustard and others experts do is to out your case on PePiPoo here and get expert help for free and to stop cheating enforcement authorities from relying on your lack of knowledge and as there is very little sanction if they break the law.
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