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The only way to potentially avoid paying it is to register an appeal at the Traffic Penalty Tribunal, on the basis that asking for payment of the CAZ toll, as well as the PCN penalty is unlawful as there are no powers in the CAZ regulations that allow this.

Needless to say, if you do this, then the full PCN penalty would be in play, (£120)

Here are the CAZ regulations.
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

Also the TPT Case 2018

Case Number : IA01249-1803
Decision Date : 13/06/2018
Adjudicator : Caroline Sheppard

Extract
"There is no power in Regulation 7 for the PCN to require the road user charge to be paid in
addition to the penalty charge. Nor is there a power for the charging authority to refuse to
allocate a payment made for a crossing to that crossing, and hold it, possibly indefinitely, for
future use."

Quote from: Incandescent on May 22, 2025, 05:26:24 pm

Here are the CAZ regulations.
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

Also the TPT Case 2018

Case Number : IA01249-1803
Decision Date : 13/06/2018
Adjudicator : Caroline Sheppard

Extract
"There is no power in Regulation 7 for the PCN to require the road user charge to be paid in
addition to the penalty charge. Nor is there a power for the charging authority to refuse to
allocate a payment made for a crossing to that crossing, and hold it, possibly indefinitely, for
future use."

So do I have this correct, the issue is that they have charged me the penalty (£120, discounted to £60 for 14 days) and also asked me to pay the initial £9 fee for entering the zone, and asked for this sum together £69/£129 when they should only be charing me the penalty at this point?

Correct, but despite this decision being by the CHief Adjudicator at the time, (now retired), it is not binding on other adjudicators, but IMHO is valid. The Birmingham CAZ PCNs do not request the toll, only the penalty charge. Of course, in order to test the matter, you would have to take them to the Traffic Penalty Tribunal as Bristol are unlikely to give way. So the full PCN penalty would be in play, no discount.  It's a double-or-quits gamble, basically.

OP, look at the 3 pieces of legislation referenced at the top of the notice.

This process is governed by the Transport Act which in turn enabled the Secretary of State(the 'national authority') to make regulations. Here is the key provision IMO:

It's important to understand the terms which although similar are legislatively chalk and cheese:

Enforcement of charging schemes

173 Penalty charges.
(1)The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“charging scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with charging schemes under this Part.

(2)The regulations may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for discounts or surcharges).

(3)Charging scheme penalty charges in respect of any motor vehicle shall be paid—

(a)by the registered keeper of the motor vehicle, or

(b)in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

(4)The Lord Chancellor may make regulations about the notification, adjudication and enforcement of charging scheme penalty charges.

The ONLY basis on which penalties may be imposed and recovered is set out in the regs. The regs CANNOT and DO NOT exceed the authority provided by the Act i.e. they make provision for the imposition and recovery of charging scheme penalty charges and NOT charging scheme road user charges.

The Bristol Order is created by the council which CANNOT and DOES NOT seek to act ultra vires by purporting to grant powers which are NOT PERMITTED by statute and regulations.

But they try.

IMO,

Are the council entitled to recover the road user charge? Yes, it's a power available to them.

Are the council permitted to use the 'charging scheme penalty charge' regulatory provisions to do so?  Clearly not.

Does the penalty charge notice in this case make clear that the council are demanding payment of the road user charge under the 'charging scheme penalty charge' regulations? Yes.