Author Topic: Bristol City Council, Clean Air Zone, PCN Received, A370 Brunel Way (CAZ0048)  (Read 815 times)

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Fuzzy Rabbit

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Originally posted on PePiPoo - http://forums.pepipoo.com/index.php?showtopic=149648

Hello,

I got an unwelcome surprise in the post today in the form of a PCN for failure to pay the daily CAZ charge for Bristol Clean Air Zone on A370 Brunel Way (CAZ0048). Unfortunately I did not know this zone existed and must have missed the signage.

I'm afraid it was me driving the vehicle at the time in question, so my best hope at this point is for a procedural error. I have read great success stores of PePiPoo previously so I am keeping my fingers crossed that a kind soul here may be able to help me.

https://www.dropbox.com/s/5o4bch71fq0r9u5/PCN%20Page%201.jpeg?dl=0
https://www.dropbox.com/s/4q8l7p69s9v37rx/PCN%20Page%202.jpeg?dl=0
https://www.dropbox.com/s/9bcmigeoqyacht8/PCN%20Page%203.jpeg?dl=0
https://www.dropbox.com/s/iv6uogqs0v85bou/PCN%20Page%204.jpeg?dl=0

Any advice or help you can provide would be gratefully received.

Thanks very much.

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Fuzzy Rabbit

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Long story short, I appealed as follows:


Dear Bristol City Council,

I challenge liability for PCN BS52428341 on the basis of a procedural impropriety. The penalty charge notice wrongly states that the recipient has 28 days from the date of the notice to pay the full charge of £120, but the 28 day period runs from the date of service and not from the date of the notice.

The PCN also wrongly states that a charge certificate may be issued if the council receives no payment and no representations within 28 days of the date of the notice, again the PCN cuts the statutory period short by misstating the starting point of the 28 day period.

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.

Yours faithfully,




Also include (http://bit.ly/3UsoSjR) this PDF as per CPs recommendation, and a cheque for £9.

Fuzzy Rabbit

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I have this morning received the attached rejection of my appeal, however Bristol City Council have agree to accept payment of the original £9 only as a gesture of goodwill. I have paid the £9 in order to draw a line under this.

Fuzzy Rabbit

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Page 3 and 4 below. Attachments were too large for a single post.

cp8759

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Well this should be easy peasy at the tribunal, I somehow suspect they won't contest especially given the drivel in the rejection.

Would you like me to represent you at the tribunal?
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. 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.

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

Fuzzy Rabbit

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Apologies for the delayed reply. I am away on a family holiday at the moment.

I wasn’t planning to take this to a tribunal due to their willingness to accept only the original £9. As I would have had to pay that anyway had I realised I had ventured into the CAZ zone, I figured I would pay the £9 and move on.

Many thanks for all your help. Much appreciated!