Author Topic: Bristol CAZ PCN - HELP PLEASE.  (Read 146 times)

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montys37

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Bristol CAZ PCN - HELP PLEASE.
« on: October 25, 2023, 11:55:58 am »

Hello - I have received a PCN for driving into the Bristol CAZ due to the lack of signage, I had been driving down Dean Street, onto Portland Square (one way) and turned left onto Pritchard Street, I can confirm there is no signage on Dean Street, Portland Square or the junction of Portland Square and Prichard Street, When you turn left from Portland Square onto Pritchard Street the road is about 60 metres before you drive into the CAZ, when you turn left there is one CAZ sign on your left approximately 20 metres from the junction, no signage to the right at this stage, the signage to the left you miss as the time you turn the corner from Portland Square onto Pritchard Street you miss this sign as it is immediately on your left hand side, There is also a second CAZ sign approximately 60 metres from the junction of Portland Square and Prichard Street telling you that you are entering the CAZ, and charges apply. Please note Pritchard Street from Portland Square is terribly busy and exceedingly small street with parking on both sides of the road and a lot of foot traffic due to the high volume of offices in the area. I believe there should be signs for the CAZ on Portland Square and on the Junction of Portland Square and Pritchard Street as this gives motorist the option not to turn left onto Pritchard Street and into the CAZ. Please could someone look at the PCN I had been given to check for any errors. Kind Regards

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Incandescent

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Re: Bristol CAZ PCN - HELP PLEASE.
« Reply #1 on: October 25, 2023, 03:38:54 pm »
As has been said by Caroline Sheppard no less, when she was Chief Adjudicator at the Traffic Penalty Tribunal, an RUC PCN is unlawful if it adds an unpaid toll to the PCN penalty, and is requesting more money than due by the regulations.
"There is no power in Regulation 7 for the PCN to require the road user charge to be paid in
addition to the penalty charge."

See the case details below.

There is no power within the RUC regulations that permits a council to demand the penalty charge and the unpaid toll for a charging zone, (in this case a low emission zone) within a Penalty Charge Notice. If a toll is unpaid it is, (obviously) a debt but it cannot be collected via a PCN. It is interesting that the RUC Order for a similar zone in Birmingham specifically states that the PCN discharges any debt owed to the council, including a unpaid toll. The Bristol Order says that the penalty charge and an unpaid toll are payable, but the regulations do not permit the two to be combined as a total on the PCN. If the council want to collect the unpaid toll, despite collecting a large sum from the PCN, they should go via the small claims court.

Here are the regulations: -
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made
« Last Edit: October 25, 2023, 03:41:50 pm by Incandescent »

cp8759

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Re: Bristol CAZ PCN - HELP PLEASE.
« Reply #2 on: October 29, 2023, 12:34:30 am »
@montys37 please see the guidance here on posting images: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Here's a draft you can use:

Dear Bristol City Council,

In the first instance I do not believe the signage is adequate when turning left Portland Square onto Pritchard Street.

I further challenge liability for PCN BS5622872A on the basis that the penalty demanded exceeds the amount due in the circumstances of the case.

The PCN carries an 0870 premium rate telephone number, and I contend that as in Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022) this amounts to an excessive demand. While I appreciate other payment methods are available, binding authority from the High Court in the case of London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) determined that where one payment method carries a surcharge, the availability of other payment methods is irrelevant and the penalty demanded is excessive.

Further to this, the penalty charge notice is only permitted to demand payment of the penalty charge, there is no legal mechanism that allows the council to demand the toll charge in addition to the penalty charge on the PCN.

This is akin to a PCN for not paying in a pay and display bay: you can issue a PCN for 70 but the penalty charge notice cannot demand the unpaid pay and display fee on top of that.

In this case the PCN may only demand 120, discounted to 60 for the first 14 days. The regulations do not allow the PCN to demand the additional 9 you are seeking, the amount demanded therefore exceeds the amount due by law.

It follows that the penalty charge must be cancelled.

Yours faithfully,


Send this online and keep a screenshot of the confirmation page. If the council website has a character limit, put the above in a PDF file, upload it as an attachment and in the representations box just write "see attached PDF".
« Last Edit: November 03, 2023, 06:40:40 pm by cp8759 »
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

cp8759

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Re: Bristol CAZ PCN - HELP PLEASE.
« Reply #3 on: November 03, 2023, 06:41:00 pm »
@montys37 in answer to your PM, the council has 56 days to respond.

If they don't, they are deemed to have accepted the representation and the penalty charge is deemed to be cancelled.
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