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PCN Served Late (>28 Days Outside London / >14 Days London)

By GetRighted Legal Research TeamLast updated July 2026

Summary

Traffic Management Act 2004, Section 78 sets strict time limits for serving a Penalty Charge Notice by post on the registered keeper. Outside London: 28 days from the contravention. London and TfL: 14 days. Late service — even by one day — is a procedural impropriety that is a ground for cancellation under the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022. The date of posting (not receipt) counts from the council's perspective, but they must prove postage within time. Success rate is approximately 85% where late service is documented.

Legal Basis

Traffic Management Act 2004, Section 78: PCN served by post must be served within the statutory period. Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005, Regulation 4: 28-day service requirement for bus lane PCNs outside London. Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022: procedural impropriety (including late service) is a ground for cancellation or appeal.

When This Defense Applies

This defense applies where the PCN was issued by post (common for camera-detected contraventions) and the date of posting exceeds the statutory limit. Note the distinction: the service date is the posting date, not the receipt date. However, the council must be able to prove when they posted it. If the date on the PCN or the postmark on the envelope indicates posting outside the statutory window, raise this ground.

How to Check

Work through the calculation:

  • ✓Note the date and time of the alleged contravention from the PCN
  • ✓Note the date the PCN was posted — this is the posting date on the PCN itself or the envelope postmark
  • ✓Outside London: 28 days from contravention to posting = statutory window
  • ✓London/TfL: 14 days from contravention to posting = statutory window
  • ✓If the posting date exceeds the window, this is late service
  • ✓Request proof of postage date from the council if the postmark is unclear

Win Rate

Approximately 85% success rate where late service is documented. One of the highest-reliability technical defenses for camera-detected traffic contraventions.

Operator-Specific Patterns

Manchester City Council: High volume enforcement — occasional late service during peak periods, particularly bank holiday periods when processing volumes are high. Birmingham City Council: Check postmark carefully — there have been discrepancies between the notice date and the postmark date.

Sources

  1. Traffic Management Act 2004, Section 78
  2. Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005, Regulation 4
  3. Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Frequently Asked Questions

The PCN is dated within time but the postmark is later — which date counts?
The posting date (postmark) is what matters — a document is only served when it is actually dispatched. If the council printed the PCN within the window but posted it late, that is late service. The postmark on your envelope is evidence.
How do I prove the postmark date?
Retain the envelope. Photograph it. The postmark is stamped by the postal service at the sorting office and reflects actual posting. If the postmark is smudged or unclear, request that the council prove they posted within time.
Does this apply to PCNs issued to the windscreen at the roadside?
No — a PCN physically attached to the windscreen is served at the time of attachment. The time limits for postal service apply only to PCNs issued by post (typically for camera-detected contraventions where there was no officer present).
Can the council argue the postal service was delayed?
The council's obligation is to post within the statutory window. If they post in time but delivery is delayed by postal services, that is generally not the council's failure. However, if the postmark shows they posted late, postal delays after that point do not remedy the late service.

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