Author Topic: Bristol CAZ PCN - help!  (Read 47 times)

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jrrafvs

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Bristol CAZ PCN - help!
« on: November 19, 2023, 07:37:14 pm »
Hello,

Thank you for taking the time to look over my case. I received 2x PCNs from Bristol City Council for driving within the Clean Air Zone without paying the charges. I was not aware that I had to pay online, instead assuming that they would send me a notice for payment. This was naive and I fully understand that this does not constitute reasonable grounds for dismissal of the charge.

After looking over other cases like mine, I can see that my PCN includes the premium phone line of 0870 7077776 - to my understanding, this amounts to a demand beyond the amount due for my case. As I understand it, the fact that alternate payment methods are available is irrelevant to this point.

My main concern is over what happens if BCC decides to reject my appeal - I absolutely cannot afford the full £120 charge for each PCN. If they reject the appeal (which I see has happened for the first time recently), will they have to again offer the reduced penalty of £60 (plus £9) up to me? Or will they be able to charge me the full £120 (plus £9) amount for each PCN?

I would be appealing well within the 14 day period. I have attached a photo of the PCN, and can confirm that 0870 7077776 is the phone number on the rear.

I would really appreciate your help - I really cannot afford the reduced penalties, and so really want to appeal - but cannot risk having to pay double.

Many thanks

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Incandescent

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Re: Bristol CAZ PCN - help!
« Reply #1 on: November 19, 2023, 08:35:23 pm »
Well, if you can't afford the full penalty, or even take a risk at adjudication that would result in your maybe having to pay it, then cough-up now and confirm them in their illegal PCNs ! If nobody ever appealed, it confirms to them that they can continue to ignore the law and the regulations and make millions.

Read my attached file, then look at your PCN.



jrrafvs

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Re: Bristol CAZ PCN - help!
« Reply #2 on: November 20, 2023, 01:11:44 am »
We are in agreement over the nature of their behaviour - however I am sure you understand that doubling of fines is a significant hit to the finances of many.

It would be easiest for me to pay the reduced charge now, which is not what I am doing.

I will appeal the charge. Is anybody aware of recent cases which have had this charge dismissed as a result of the premium phone number issue?

cp8759

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Re: Bristol CAZ PCN - help!
« Reply #3 on: November 21, 2023, 12:05:37 am »
I will appeal the charge. Is anybody aware of recent cases which have had this charge dismissed as a result of the premium phone number issue?
You can use this draft: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-caz-pcn-help-please/msg8612/#msg8612

However the council will reject this, and you'd have to risk the full amount at the tribunal to get this cancelled. I'm happy to represent you at the tribunal if you wish, but if you can't afford to pay the full penalty then that raises the question of why bother to make representations in the first place. There is virtually no chance the council will accept the representations.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

jrrafvs

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Re: Bristol CAZ PCN - help!
« Reply #4 on: November 21, 2023, 09:19:07 am »
Good morning

I really appreciate the offer of representation - very selfless. Please excuse my unawareness, but would this be online or in person? I live some way away from Bristol.

Incandescent

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Re: Bristol CAZ PCN - help!
« Reply #5 on: November 21, 2023, 09:35:30 am »
TPT adjudications are by telephone nowadays.

cp8759

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Re: Bristol CAZ PCN - help!
« Reply #6 on: November 22, 2023, 09:13:58 pm »
TPT adjudications are by telephone nowadays.
The TPT is way ahead of London Tribunals, it's all done by video call.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Incandescent

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Re: Bristol CAZ PCN - help!
« Reply #7 on: November 22, 2023, 09:30:20 pm »
TPT adjudications are by telephone nowadays.
The TPT is way ahead of London Tribunals, it's all done by video call.
Video call, eh ! Wow ! The 21st Century has arrived ! (at least at the TPT anyway)

jrrafvs

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Re: Bristol CAZ PCN - help!
« Reply #8 on: November 23, 2023, 11:46:49 am »
Thank you for the advice everybody - Iíve submitted an appeal and will await the response.