Author Topic: Bristol, code 17J Clean Air Zone, Newfoundland Circus, CAZ0022  (Read 501 times)

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Bristol, code 17J Clean Air Zone, Newfoundland Circus, CAZ0022
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My husband (registered keeper of our car) received a PCN on 27 July 2023 (attached), for driving in the CAZ without paying on 27 June.  I was drivng the car on the day of the charge, and I thought I had paid the CAZ.  Turns out I had not paid the correct date (I had paid quite late, and paid for the 28 June incorrectly).  Having looked online, I saw this forum, and posted a representation, based on other cases, using the 08707077776 number as the basis for the challenge.  I posted the challenge in my name, since I was the driver.

On 27 September, I received an email with a letter attached.  I've attached the letter below.  The letter does not respond to the representation, it just asks for the registered keeper's written consent, via post OR email, to correspond with me.  On 3 October, my husband emailed back with the following email (I can also attach this if required).

________________________
Dear Ikram,

With respect to the email to my wife below, please find below my consent, worded as per your pdf.

I, xxx, as registered keeper, hereby give authorisation for Bristol City Council to liaise and correspond with yyyy regarding this PCN.

I, xxx, as registered keeper, hereby give authorisation for yyyy to liaise and correspond with Bristol City Council regarding this PCN.

Please correspond with yyyy on the email address cc'd above.
Kind regards,

_________________________

We were expecting the Council to respond to me regarding the representation, since that's a reasonable interpretation of the letter.

However, neither of us heard anything else until yesterday, when my husband received another letter in the post (attached), claiming that no response was received, and that as such we have lost the right to submit a representation.

What should be my next steps?  Should I just pay?


Links to the PCN, 27 July 2023
page 1 https://drive.google.com/file/d/1ArpiAksjbU1KncezuNhAWVxMV5GyZN3O/view?usp=sharing
page 2 https://drive.google.com/file/d/12VtXPlffc0djdMfibBEAOkICgwq-Z7Gc/view?usp=sharing

Link to the response pdf which came via email, 27 September 2023
page 1 https://drive.google.com/file/d/1wiOpd0nNluGgX2jknVWf9DxEYh1vyxpj/view?usp=sharing
page 2 https://drive.google.com/file/d/1-OTTpp2uzbLI7wP9S1lW_2qQGwfcVOQF/view?usp=sharing

Link to latest letter claiming no response from us to the above, 13 December 2023
page 1 https://drive.google.com/file/d/1yTrRmbxyLb7WRsIeiYTFSJBb0Ag1hFp9/view?usp=sharing
page 2 https://drive.google.com/file/d/1913_vn67RxcQiCjTHlcFrZodApdNdcWh/view?usp=sharing
« Last Edit: December 18, 2023, 10:57:26 am by astosia »

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Re: Bristol, code 17J Clean Air Zone, Newfoundland Circus, CAZ0022
« Reply #1 on: »
Adding in the confirmation I received on 4 August for my representation against the PCN. 

https://drive.google.com/file/d/1sq1wznTsPI1s8W-kyOyVJ4ltUkX2ohOo/view?usp=sharing

And adding in a screenshot of the email we wrote back asking for the Council to correspond with me, 3 October 2023,

https://drive.google.com/file/d/1YDN4ehnD7lHIey4MZvhWHr422wftBTRG/view?usp=sharing


Adding in Timeline

27 June I drove through CAZ
4 July, I remember I hadn't paid, and accidentally paid for the 28 June instead (https://drive.google.com/file/d/1dzVJE3XnKyyD0783sAQbh8_E0FazbEne/view?usp=sharing)
27 July, PCN posted to my husband
4 August, representation online by me challenging the PCN
27 September (54 days after representation was made), email to me (my email address, but addressed to my husband), with response saying they need permission from him to correspond with me
3 October, my husband emailed back to the Council asking them to correspond with me
13 December, most recent letter from Council (77 days after their email to us, and 71 days after our email to them)
« Last Edit: December 18, 2023, 11:20:41 am by astosia »

Re: Bristol, code 17J Clean Air Zone, Newfoundland Circus, CAZ0022
« Reply #2 on: »
Does anyone have any advice for me?

Re: Bristol, code 17J Clean Air Zone, Newfoundland Circus, CAZ0022
« Reply #3 on: »
Did you get any sort of acknowledgement/automated receipt for your husband's e-mail of 3rd October?

Bristol CAZ PCNs are technically flawed in two places, and I think the latest letter is out of process..

Others will confirm, but I think you now have to wait for the Charge Certificate and the Order for Recovery.

I haven't the exact details (others will chip in) but it vitally important that you do not miss deadlines for challenging the OfR. I take it your V5 has your current correct address and you do not have problems with the post?

Re: Bristol, code 17J Clean Air Zone, Newfoundland Circus, CAZ0022
« Reply #4 on: »
I don't think any harm will be done by writing back to them by post, enclosing a copy of your email of 3rd Oct, and also their letter telling you you need authority from the registered keeper, and point out no response has been received to your representations despite getting the keeper authority demanded. 

Next stage if they are still playing, (being !!) stupid, is to wait for the Charge Certificate, then the Order for Recovery, and then submit a Witness Statement that reps were submitted, but no response was received.  The matter will be reverted to the PCN reps stage.

Please note that Bristol PCNs are, as are also those of some of the other councils operating CAZ schemes, legally flawed.
Read the controlling regulations, esp Reg 7
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made
and also the adjudication I have attached

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Re: Bristol, code 17J Clean Air Zone, Newfoundland Circus, CAZ0022
« Reply #5 on: »
Thank you both.  Neither of us got any sort of acknowledgement/automated receipt for my husband's e-mail of 3rd October.  I received it from him, as I cc'd myself into the same email.  We don't know of any problems with the post to our address, and the V5 of the car has the correct address for us on it.

The latest letter states that we have lost the opportunity to submit representations, but they have never responded to the original representation.  I will take your advice and write to them by post pointing that out.  I assume that letter should come from my husband, not me, reiterating that it's ok to correspond with me?

Do you have any idea where I should post it?  To the original address on the PCN (Parking Service PCN Appeals, Bristol City Council, PO Box 3399, Bristol BS1 9NE), or to the address on the email of 27 September  (Clean Air Zone Appeals Officer, 100 Temple Street, Bristol, Avon, BS1 6AG)?
« Last Edit: December 23, 2023, 04:50:10 pm by astosia »