Formal Representations Not Decided Within 56 Days

Once a Notice to Owner (NtO) has been issued, the motorist has 28 days to make formal representations. The council then has 56 days to serve a Notice of Rejection of Representations or a Notice of Acceptance. Failure to serve a decision within 56 days means the council is deemed to have accepted the representations and must cancel the PCN and any related charge certificate.

Legal basis

Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 reg.5; Traffic Management Act 2004 sch.7 para.2(9)

How to identify this in your case

Check the date you submitted formal representations (after receiving a Notice to Owner). Count 56 days from the date the council received your representations. If no decision has been received by day 56, the council is in breach and the PCN must be treated as cancelled.

Sample appeal wording

Dear Representations Team, Re: PCN [NUMBER] — Notice to Owner Response dated [DATE] I write to draw the council's attention to a statutory time limit breach. I submitted formal representations in response to the Notice to Owner on [DATE] (copy enclosed). The Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007, regulation 5, requires the council to serve a Notice of Rejection or Acceptance within 56 days of receiving those representations. As of today ([DATE]), [X] days have elapsed. No decision has been received. The council has therefore failed to comply with the statutory time limit. By operation of regulation 5, the council must now cancel the PCN. I require written confirmation of cancellation within 14 days. If enforcement action continues I will apply to the Traffic Penalty Tribunal for a direction. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 reg.5 (SI 2007/3483)