Author Topic: Bristol City Council - Clean Air Zone - CAZ0024  (Read 118 times)

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se7enty7

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Bristol City Council - Clean Air Zone - CAZ0024
« on: June 25, 2023, 10:52:04 am »
I received a PCN for driving into the Bristol clean air zone back in March.

I appealed it using information I had seen on other peoples responses on pepipoo but have had the appeal rejected. I wanted to check if it is worth taking it to the Traffic Penalty Tribunal? I think have until 12th July to appeal as the notice of rejection was 13th June. However I need to pay the PCN by 28th June to still get the discount rate if it is not worth fighting.

I have lost the original PCN letter but it was the same as the ones on this post http://forums.pepipoo.com/lofiversion/index.php/t148734.html

These are the Notice of Rejection letter:
https://photos.app.goo.gl/oiAa5Qae57zU33pNA
https://photos.app.goo.gl/5BgK7b7it14AseaB8
https://photos.app.goo.gl/gurifGiwdBG2so5U6
https://photos.app.goo.gl/HGfYwZQfuuHCvFdN7

Bellow is a copy of what was sent as my initial appeal:

"Ground for Representation: The Council has made a procedural error when dealing with my case or the PCN. If you believe there has been a failure on the part of the Council in relation to this notice or its enforcement, you must explain this to us.

You wrote:

Dear Bristol City Council,

I challenge liability for PCN BS52541901 on the basis of a procedural impropriety. The description of the 28 day period, on the first page of the PCN, does not comply with that in legislation, i.e. S.I. 2013/1783.

The PCN states, "You have 28 days from the date of this notice" and applies that period as that available in which to pay, to make representations and also cites it as the period after which you ay issue a charge certificate.
In each instance that period is incorrect.
The period specified in the applicable legislation is, "within 28 days of the day on which the penalty charge notice is served".

Further to this, 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 a demand that exceeds the amount due in the circumstances of the case.

For each of the above reasons the penalty charge must be cancelled."

Any advice would be much appreciated.

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John U.K.

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Re: Bristol City Council - Clean Air Zone - CAZ0024
« Reply #1 on: June 25, 2023, 11:15:24 am »
Total failure to consider!!

------

Quote
"Ground for Representation: The Council has made a procedural error when dealing with my case or the PCN. If you believe there has been a failure on the part of the Council in relation to this notice or its enforcement, you must explain this to us.

You wrote:

Dear Bristol City Council,


Must confess: don't understand the presence of 'You wrote' in your reps?

cp8759

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Re: Bristol City Council - Clean Air Zone - CAZ0024
« Reply #2 on: June 25, 2023, 11:23:39 am »
This is as easy appeal but not suitable for a DIY job, I'll drop you a PM
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 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 nor a barrister.

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

se7enty7

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Re: Bristol City Council - Clean Air Zone - CAZ0024
« Reply #3 on: June 25, 2023, 03:58:33 pm »

Must confess: don't understand the presence of 'You wrote' in your reps?

I had used what was sent in the email where they acknowledged my appeal and copied and pasted from there. Sorry if it added some confusion.

cp8759

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Re: Bristol City Council - Clean Air Zone - CAZ0024
« Reply #4 on: July 14, 2023, 03:13:28 pm »
Outcome here.
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 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 nor a barrister.

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