Under the old directions they could in theory I think have charged us at any time after the audited accounts were submitted, they only missed the deadline precisely because we weren't a EPL club when the PSR transgression was recognised. Before the new directions, the transgression would have only become apparent once the final audited accounts for 2022/23 were made available to the EPL which would have to have been no later than March 1st 2024. However, because we are not a premier league club, it appears we have not provided them to the EPL either by the old or new deadline as we don't have to, just to the EFL (but presumably we have coughed up to breaking the PSR threshold in our discussions with the EPL for them to have charged us).
As I say though, I think the club's approach is a risky strategy. Kind of letter of the rules vs the spirit. But it in undeniably a problem for the EPL that we are not a member club & something that the independent commission will have to sort through (btw the only difference I can see between this commission and the one that Forest & Everton have is that their powers extend to setting the timeline, they are all convened by the EPL).