Free Traffic Legal Advice

Unfortunately, there is no time limit in the CAZ regulations for service of a PCN. The only limit is one of fairness, so a PCN served more then 2-3 months since the alleged contravention date cold be argued on this basis. As public bodies, councils are under a duty to act fairly and in the public interest under common law.

So I'm afraid the time they've taken to send out the PCN is not a slam-dunk win at appeal. Any reason for not paying the CAZ charge ? If you tell us more, there may be the bones of a reasonable appeal. In addition to this, Bristol put the CAZ toll onto the PCN as well as the penalty. There are no powers in the regulations for them to do this, so it is a procedural impropriety. However, you'll only get it tested at the Traffic Penalty Tribunal, with the full PCN penalty in play.

Please also post the PCN.

Penalty charge notice

7.—(1) Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid and, in those circumstances, the charging scheme provides for the payment of a penalty charge, the charging authority may serve a notice (a “penalty charge notice”).

(2) A penalty charge notice must be served on the registered keeper of the motor vehicle unless, in accordance with regulation 6, the penalty charge to which it relates is payable by another person, in which case the penalty charge notice must be served on that other person.

(3) A penalty charge notice must state—

(a)the date of the notice, which must be the date on which it is posted or sent by electronic transmission;

(b)the name of the charging authority;

(c)the registration mark of the motor vehicle to which it relates;

(d)the date and time at which the charging authority claims that the motor vehicle was used or kept on the designated road in circumstances in which, by virtue of a charging scheme, a road user charge was payable in respect of the motor vehicle;

(e)the grounds on which the charging authority believes that the penalty charge is payable with respect to the motor vehicle;

(f)the amount of penalty charge that is payable if the penalty charge is paid in full—

(i)within 14 days of the day on which the penalty charge notice is served;

(ii)after the expiry of such 14 day period but within 28 days of the day on which the penalty charge notice is served;

(iii)after the service of a charge certificate;

(g)the manner in which the penalty charge must be paid and the address to which payment of the penalty charge must be sent;

(h)that the recipient of the penalty charge notice is entitled to make representations to the charging authority against the imposition of the penalty charge on any of the grounds specified in regulation 8(3);

(i)the address (including if appropriate any email address or fax telephone number, as well as the postal address) to which such representations must be sent and the form in which they must be made;

(j)that the charging authority may disregard any such representations received by it more than 28 days after the penalty charge notice was served; and

(k)in general terms, the form and manner in which an appeal to an adjudicator may be made.