3. Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
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Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
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Hello,

I went to visit a friend in Bristol after several years and while coming back on 20th August, I drove through the city centre to show it to my family as they have't been there before, little did I know that some areas of Bristol city centre were under "Clean Air Zone" regime.

After few weeks of the trip, we received a letter perhaps around 16/17th September, but as I was busy I didn't even bother to open it. This weekend as I was catching up with unattended documents on my desk, I found the PCN from Bristol City Council, really annoyed for not knowing about the CAZ and secondly for not opening the letter on time. The PCN shows date of Notice as 12/09/2023 and date of service as 2 working days from that. After frantic search about Bristol CAZ, I landed here. I can see the payable charge as £69 (with discount) in the Bristol City council website. 

To challenge the PCN, should I use the template in this thread ?

Scanned Copies of PCN Pages:
Page 1: https://drive.google.com/file/d/1UNNjo5OWZHA0c5Lw58dwsdYmZLZbYq3M/view?usp=drivesdk
Page 2: https://drive.google.com/file/d/1UPfX5bilE2pS4iL6kBvR40a0rNbmezNf/view?usp=drivesdk
Page 3: https://drive.google.com/file/d/1UShlULAhYGHS2FO96OocS-vyoWLP6LFo/view?usp=drivesdk
Page 4: https://drive.google.com/file/d/1UXR0vHI30zgeSfNu8uCag4moYNhpqnOj/view?usp=drivesdk

Your help would be much appreciated.
« Last Edit: October 02, 2023, 12:09:25 am by tklaish »
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #1 on: »
As the 0870 phone number is still on the PCN, then yes, the template still applies. Do bear in mind that this could involve you in registering an appeal at the Traffic Penalty Tribunal if the council won't give way on the argument. This means the full £129 would be in play.  I don't know what the success rate is on this argument, but somebody on here will, so wait a bit for another reply, but don't miss any deadlines.

BTW, you still have to pay the £9 even if you win.
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #2 on: »
Quote from: Incandescent on October 02, 2023, 12:42:23 am
BTW, you still have to pay the £9 even if you win.
No idea where you got that from? We've won numerous CAZ appeal (all DNC'ed) over the past few months, and I've not heard of anyone being told to pay the £9 charge?

I'm also not sure how the council would enforce that?

Bristol is yet to allow any of these cases to go to a full hearing, maybe they're worried that if they lose it will end up in the local press and everyone will appeal.
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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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #3 on: »
Well, the £9 is surely not part of the penalty, is it ? Are adjudicators getting it wrong ? OK, I may be wrong, but it does seem odd that the £9 is forgiven if the PCN is cancelled.
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #4 on: »
Quote from: Incandescent on October 02, 2023, 12:23:56 pm
Well, the £9 is surely not part of the penalty, is it ? Are adjudicators getting it wrong ? OK, I may be wrong, but it does seem odd that the £9 is forgiven if the PCN is cancelled.
The tribunal is a binary option, the appeal is refused or it is allowed. If the penalty is cancelled there is no mechanism via TEC to enforce the £9 charge.

I suppose the council could sue in the small claims court to recover the £9 charge, but somehow I don't think they'll bother.
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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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #5 on: »
Thanks for the responses, attached is the PDF I have created to submit to Bristol City council. I understand, I also need to upload a copy of Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022).

Could you please confirm if this looks okay before I upload them.

Let me know if I need to make any amendments.

Thank you.

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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #6 on: »
Submitted the representation, I will update the response here as soon as I get it.
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #7 on: »
Their PCNs are all unlawful because there is no power in Regulation 7 of the RUC regulations, to add the unpaid charge to the penalty charge.
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #8 on: »
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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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #9 on: »
How long does it normally take for Bristol City council to respond ?
I submitted my representation on 2nd Oct and still waiting for a response (> 15 days today).
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #10 on: »
Only 15 days? We've seen a lot longer than that. Early days yet ! Have we seen your reps ?
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #11 on: »
Quote from: tklaish on October 18, 2023, 04:54:08 pm
How long does it normally take for Bristol City council to respond ?
The law says they have 56 days to respond. Please post up a copy of what you've sent.
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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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #12 on: »
@cp8759 @Incandescent
Apologies, just saw your response, I have been busy with work and haven't got a chance to check back here. I also haven't received any response from Bristol city council so far.

My reps is already uploaded in this thread, please have a look:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-clean-air-zone-pcn-17j-marlborough-street-(caz0016)/msg6529/#msg6529
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #13 on: »
I lodged an appeal with Bristol City Council over a PCN I received for the CAZ on 14/09/23. Given it is now greater than 56 days and I have not heard back from them can I assume the PCN is no longer valid and should be cancelled.

My original thread is here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/clean-air-zone-pcn-bristol-city-council-a370-brunel-way-(caz0049)/
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Re: Bristol, Clean Air Zone PCN 17J, Marlborough Street (CAZ0016)
« Reply #14 on: »
The penalty due on the council website is £69, this is a strong indication that they have rejected the representation and reoffered the discount.

I would call up on Monday to see if they can email you a copy of the notice of rejection. If they don't give you any useful information, contact them in writing asking for a copy of the notice of rejection.
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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 or 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 and I abide by the SPMF service standards.

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