Free Traffic Legal Advice

Hi all,

Firstly thanks for all the advice I have found here and on Pepipoo.

I have recieved two PCNs from BCC (identical in wording apart from the day/date of claimed contravention), one on the way to our destination and one on the way back 3days later. I didn't know Bristol even had a clean air zone and google maps didn't flag it up and neither myself or my wife saw any signs - otherwise we would have clearly paid it! £69 each if I pay within 14days is outrageous.

I presume the council will would not show any goodwill in regards to not seeing any signs or being aware and therefore from what I have read the best challenge I have is on the premium rate number (2p/min) and the date of service/date of notice point. However, I have found two versions of the draft text set out below. Please can you advise which one to use and then I will turn it into a PDF and upload it with the Paul Bateman PDF to the council using the online appeal process.

Please could you also just advise that the notice actually contains the same issues that allow for the challenge below? I also believe I don't need to send any payment for the actual charge?

Many Thanks!

Version 1

"Dear Bristol City Council,

I challenge liability for PCN BS00000000 on the basis that the penalty demanded exceeds the amount due in the circumstances of the case.

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 an excessive demand. While I appreciate other payment methods are available, binding authority from the High Court in the case of London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) determined that where one payment method carries a surcharge, the availability of other payment methods is irrelevant and the penalty demanded is excessive.

It follows that the penalty charge must be cancelled.

Yours faithfully,"


Version 2

"Dear Bristol City Council,

I challenge liability for PCN BS51819059 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,"

[ Guests cannot view attachments ]

Thanks for the reply,

So just to check there is no additional value in adding in the additional challenge as in version 2? Is this now obsolete?

Is there any value in appealing on the grounds of not knowing / £140 being extortionate!

Thanks

Did you submit the appeal. If so, have you heard back from the aujuidcator? I have a similar case, so was interested in whether the defence used in this case was successful.

The notice says I have 28 days for the appeal - is there a specific reason you advised to appeal within the 14days?

Although not a right, it is likely if the reps are received by them within the 14 day discount period and they reject them, they will re-offer the discount.

Thanks for the replies.

I've submitted the representations so will see what comes back and report here. Thanks