Author Topic: CAZ Code 17 Bradford Council - Using a vehicle within a CAZ without paying the charge  (Read 53 times)

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shanew

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NOTICE OF REJECTION OF REPRESENTATIONS

I'm posting this on behalf of a friend.

He recently drove his work vehicle into the Bradford Clean Air Zone and paid the fee for doing so.
2 weeks later he received notification of a 120 penalty, being reduced to 60 if paid promptly for entering the CAZ and not paying.

He followed the appeals process providing the Payment reference and Payment ID from the gov.uk receipt. This receipt also includes his registration plate so we know there is no error with the wrong reg being supplied.

Despite this proof, he has just received a notice of rejection saying:

Your representations against the Penalty Charge Notice (PCN) issued on the 02/08/2023 have now been considered and everything you have said has been taken into account however there are not sufficient reasons to cancel the penalty charge and outstanding CAZ charge. Both of which are now payable.

What are his next steps?

Thank you.
« Last Edit: November 15, 2023, 08:16:20 pm by shanew »

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Incandescent

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No good without sight of documents.  There is only one appeal stage, after which it is pay-up or go to the Traffic Penalty Tribunal where he should win if what you have told us is correct.

Only question to ask is, did he pay within the timescale for paying ?

Documents please !

shanew

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Thank you for the reply.

I've not got copies of the documents but have seen them today when I was asked for help.
The fee was paid on the day and he has both a screenshot of the confirmation, the email confirmation and a bank statement showing the payment was successful.

I'll let him know to contact the Traffic Penalty Tribunal as everything is as has been stated with no bending of the truth. After all, there's no point in asking for advice if the advice is based on false info.

Incandescent

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I don't think you'll get much more advice until some document are posted up. If your pal doesn't want to do this, OK, but for now, I'll bow out, but before I do, have a read of the attached file.

cp8759

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@shanew basically his options are to appeal to the tribunal himself, or have one of us represent him.

If he wants to do it all himself, he should go to https://foam.trafficpenaltytribunal.gov.uk/ to register the appeal.

If he would like representation, let us know and tell him not to try and appeal himself.

Based on the facts you've stated, there's no really much else to add.
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 am not a lawyer.

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

shanew

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Thanks for the replies.

He's forwarded a copy of the letter and his receipt for payment which are attached.

I'll get him to look at this for your help with representation.

Cheers.

Incandescent

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They have not re-offered the discount, so it is now a total no-brainer to take them to the Traffic Penalty Tribunal.

As CP8759 says, don't rush off without our help. What we now need is to see the actual PCN, (with name and address redacted).


cp8759

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As the discount is not on offer, the obvious point to take is that the PCN cannot demand the daily fee on top of the penalty.
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 am not a lawyer.

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

Incandescent

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+1
However, we cannot develop an appeal against the content of the PCN unless we can see it ! Whilst we expect it to be similar to those issued by Bristol, we need to see what Bradford send out, and we have yet to see a Bradford PCN for thei CAZ

So PCN, please !

cp8759

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@shanew ask your friend if he'd like to be represented at the tribunal.
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 am not a lawyer.

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