London RUC — Rebuttable deemed-service presumption drives the 28-day window (reg 21 + Interpretation Act 1978 s.7)
TfL treats its PCNs and notices as 'served' a fixed number of days after posting and counts the 28-day representations window (and the charge-certificate relevant period) from that assumed date, then rejects representations as 'out of time'. But reg 21 of the 2001 Regs imports NO bespoke deemed-service formula of its own — it only permits service by post. So deemed service is governed by section 7 of the Interpretation Act 1978, under which a posted notice is deemed served 'at the time at which the letter would be delivered in the ordinary course of post' — but expressly only 'unless the contrary is proved'. The presumption is therefore rebuttable: where the motorist proves the notice arrived later than TfL assumes (or not at all), the 28-day clock started later, their representations were in fact in time, and any rejection-as-late plus consequent Charge Certificate fall away. PRACTICAL LIMIT: the burden to rebut sits on the motorist and needs real evidence (postmark, envelope, redirection), so it only wins where that proof exists.
Legal basis
Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (SI 2001/2313), reg 21 (service by post — no bespoke deemed-service day-count), read with Interpretation Act 1978 s.7 (deemed service in the ordinary course of post, rebuttable 'unless the contrary is proved') and reg 13 (28-day representations window measured from the date the PCN 'was served').
How to identify this in your case
Trigger where TfL rejected representations (or a challenge) as 'out of time' or 'received after 28 days'. Establish the actual receipt date the motorist can evidence (postmark, envelope, redirection, a later-dated covering letter) versus TfL's assumed service date. If actual/provable receipt is later than TfL's assumption, the 28-day window under reg 13 started later and the representations were in time; any Notice of Rejection-for-lateness and subsequent Charge Certificate then fall away. Same logic revives a 'late' appeal where the Notice of Rejection arrived later than assumed.
Sample appeal wording
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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