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Welsh enforcement Regulations 2013 — Notice to Owner served outside statutory window

Civil parking enforcement in Wales is governed by Welsh-specific regulations distinct from the English equivalents. Under the Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013, a Notice to Owner must be served not earlier than 28 days and (in practice) not before the time for paying the discounted PCN has expired, and Charge Certificates may not be issued until the prescribed period has elapsed. A premature or late NtO/CC is invalid in Wales.

Legal basis

Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 (WSI 2013/359); Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 (WSI 2013/362); Traffic Management Act 2004 Sched 7 Pt 2

How to identify this in your case

Check the PCN issue date, the NtO service date, and the Charge Certificate date. Map them onto the Welsh-specific intervals. Any deviation is a procedural impropriety ground.

Sample appeal wording

Dear Sir/Madam, Re: PCN [PCN_NUMBER] The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 (WSI 2013/359) prescribe the timetable for service of a Notice to Owner and a Charge Certificate. In my case, the PCN is dated [DATE_PCN], the NtO is dated [DATE_NTO], and the Charge Certificate is dated [DATE_CC]. This is [BEFORE / AFTER] the period prescribed by [REG NUMBER]. This is a 'procedural impropriety' for the purposes of regulation 4(1)(e) of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 (WSI 2013/362) and the PCN must be cancelled. Yours faithfully, [NAME]

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

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Sources

  • legislation.gov.uk/wsi/2013/359
  • legislation.gov.uk/wsi/2013/362

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