3. Bristol City Council - Charge Certificate
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Bristol City Council - Charge Certificate
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Hi All,

I hope someone will have a good idea what to do in my case. I copied a link below for the documents from the first penalty notice to the one arrived today.
Long story short, on 29th April I crossed the CAZ on Bristol bypass on my way to the airport. Looked up the pepipoo forum and found the way to appeal. I have sent the rep and included the £9 cheque for the charge. And there was no sign of them since. I thought that's it, they accepted my money.

Now I'm in the situation of paying £180. Is there any way to avoid this?

I have not received anything from the Council apart of the attached receipt for the cheque. There was no rejection letter.

I'm not a criminal, I haven't been in Bristol since and defo not going ever again. This CAZ charge is a massive scam in my eyes. I can drive a 2,5 tonne, 20 years old 5litre v8 petrol BMW X5 with no issue but a modern diesel family estate from 2012 is killing the baby seals!?

All help massively appreciated.

https://photos.app.goo.gl/jqJjH42UafRpNpFC7

https://photos.app.goo.gl/qXJ1yoTJJHfjwuuQA
« Last Edit: September 02, 2023, 02:00:13 pm by Lupushardwicke »
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Re: Bristol City Council - Charge Certificate
« Reply #1 on: »
Just one more thing. If I don't pay the Charge Certificate and wait untilfor the Order for Recovery, and  use the form TE9 for a Witness Statement. Tick the box for "I submitted reps but did not receive a rejection of those reps". If I understand it correctly it should automatically clear the debt and move the case back to PCN level. Obviously I send off the form within the official time.
So, can this have an affect on my credit history? My mortgage is due to renew in May 2024.
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Re: Bristol City Council - Charge Certificate
« Reply #2 on: »
No penalty charge notice can impact your credit score, no matter what. This is because an Order for Recovery is not recorded on your credit records as a CCJ, so whether it's set aside by TEC or collected by the bailiffs, your creditors will never know.

As you have an old-school PCN with the wrong payment period, you basically can't lose as long as you don't miss any deadline or mess up the process.

Would you like me to represent you at the tribunal?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol City Council - Charge Certificate
« Reply #3 on: »
Ok, thanks. That's good news.

So, just to understand correctly.
I need to wait until the Order for Recovery then send the T9 back and this will turn the case back to the PCN level? Do I need to then good to the tribunal?
Yes, I would appreciate your help. How can I contact you out of the forum? I assume you don't work for free :)
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Re: Bristol City Council - Charge Certificate
« Reply #4 on: »
Once you've got the charge certificate cancelled, the council will refer the case to the tribunal for a decision.

I'll drop you a PM.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol City Council - Charge Certificate
« Reply #5 on: »
Quote from: cp8759 on September 05, 2023, 11:26:02 pm
Once you've got the charge certificate cancelled, the council will refer the case to the tribunal for a decision.

I'll drop you a PM.
Just wondered if you have received my email?
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Re: Bristol City Council - Charge Certificate
« Reply #6 on: »
@Lupushardwicke no I have not, please re-send it and send me a PM via this website once you've sent it so I can double-check my spam folder.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol City Council - Charge Certificate
« Reply #7 on: »
@cp8759 resent the email and pm-ed you. Please let me know if it's still not coming through.
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Re: Bristol City Council - Charge Certificate
« Reply #8 on: »
Until the debt is registered with TEC, all you can do is keep checking once every 10 days or so.

For what it's worth if there is a very significant delay, say over 3 - 4 months, that could allow you to win an appeal on the basis of undue delay.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol City Council - Charge Certificate
« Reply #9 on: »
Quote from: Lupushardwicke on December 02, 2023, 06:08:19 pm
I finally received the Order for Recovery of Unpaid Penalty Charge (TE3) and also attached the Witness Statement (TE9). As it mentioned on the TE3 form I can send the TE9 by email. Am I right thinking I need to email them back with a fulfilled TE9 form?
Please keep things on the thread, I cannot possibly keep track of things via private message.

You need to tick the box to say you made representations and did not receive a notice of rejection. You don't actually need to use the paper form they've sent, you can download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094509/TE9.pdf and fill it in on your computer (the court will accept a typed signature). Remember the "applicant" is Bristol City Council, not you.

When you say "I need to email them back", it depends who you mean by "them" and I infer you mean the council. Do not email anything to the council, you need to send the completed form to tec@justice.gov.uk with the PCN number in the subject line.

Would you like me to represent you at the tribunal?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol City Council - Charge Certificate
« Reply #10 on: »
Thank you for your response. I will keep it on the tread.
I will download and send the form back to the address you added on.
Yes, please represent me on the tribunal.
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Re: Bristol City Council - Charge Certificate
« Reply #11 on: »
Just to keep you updated. I have emailed the form last week to tec.
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Re: Bristol City Council - Charge Certificate
« Reply #12 on: »
Quote from: Lupushardwicke on December 13, 2023, 08:19:01 pm
Just to keep you updated. I have emailed the form last week to tec.
@cp8759 I received the attached letter on Friday. What's my next step from here?

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Re: Bristol City Council - Charge Certificate
« Reply #13 on: »
Quote
What's my next step from here?
It is to take up CP8759's kind offer to represent you at the tribunal.
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Re: Bristol City Council - Charge Certificate
« Reply #14 on: »
Quote from: Incandescent on January 01, 2024, 12:41:55 pm
Quote
What's my next step from here?
It is to take up CP8759's kind offer to represent you at the tribunal.
This, please PM me if you'd like to take me up on that.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

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