Author Topic: Bristol City Council, Code 17J Clean Air Zone, Newfoundland Circus (CAZ0025)  (Read 107 times)

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SockPile

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Hi All,

A family member received a PCN for using a vehicle within Bristol's Clean Air Zone without paying.

They paid the 60 penalty but didn't pay the 9. Now they have received a second PCN saying they now owe 129, note the CAZ Charge amount is showing as .00 if that is important.

Is there a chance of a successful appeal asking to just pay the 9?

Also is there a time limit to issue the PCN? As it looks like almost 2 months from date CAZ charge due by and date PCN was posted.

Thank you!

First PCN: https://imgur.com/vfAj2Dk
Second PCN: https://imgur.com/z9cR97i

VRN: YR63GJG
« Last Edit: July 05, 2023, 08:06:02 pm by SockPile »

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cp8759

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You need to wait for the next document which is called the Order for Recovery, this will allow you to file a witness statement with the Traffic Enforcement Centre. One of the statutory grounds is that the recipient of the Order for Recovery "has paid the penalty charge to which the charge certificate relates", see regulation 19 of The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013.

To avoid any risks with letters being lost in the post, it's sensible to check the amount due on the council website starting around 20 July, and then at least once a week. Once the Order for Recovery has been issued, the charge will go up by another 9 to 138.

At that point you don't need to wait for the Order for Recovery to come in the post, you can download form TE9, fill it out on your computer (no need to print, they accept a typed signature) and then email it to tec@justice.gov.uk with the PCN number in the subject line (note: when filling out the form, the "Applicant" is Bristol City Council, not you).

Once that's done the Order for Recovery and the Charge Certificate will be cancelled and case will be referred to the Traffic Penalty Tribunal with just 69 outstanding, we can then look at grounds to get the PCN cancelled completely and hopefully you'll get a refund of the 60 you've already paid.

One obvious ground is the premium rate telephone number, which has won before (see Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022))
« Last Edit: July 05, 2023, 09:12:18 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 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

SockPile

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Thank you for your detailed reply!

I'll let the family member know what you have written and see what they decide to do