Author Topic: CAZ Charge Certificate (Bristol) BS54893590  (Read 378 times)

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CAZ Charge Certificate (Bristol) BS54893590
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Hello,

I received a charge certificate 19/09/23 stating I have to pay £189 for entering a CA Zone (Bristol) on 12/07/23 and apparently I was issued a PCN on 08/08/23 which they say I did not pay therefore the fine has increased and I am no longer able to contest it. I did not receive a PCN in the first place and had never heard of a CAZ charge prior to this (drove from London to Bristol for the first time for a funeral that day) I don't remember seeing signs, nor would I have thought my car wouldn't pass given my vehicle is ULEZ compliant so why wouldn't it be CAZ compliant?.

I could not have 'missed' the letter either so I know for certainty that it was not sent to me. I would have of course paid/contested it straight away and I can't believe they have stated that there is no way to fight it at this point.

I found a tab on Bristol council website where I could inform them that I did not receive the PCN in the first place and this is the response that I received:

Dear Sir/Madam,

Thank you for your email.
At this stage you have lost the right to appeal therefore we cannot consider your comments however, if you did not receive the PCN or if you made representations and have not received a response then you have the option to file a Witness Statement. In order to file a Witness Statement you need to await the Order of Recovery (further information regarding the Order of Recovery can be found at https://www.gov.uk/parking-tickets/challeng...er-of-recovery).
The only other option is to pay the current outstanding amount, however we recommend the above. For more information on this process we recommend you speak to a Parking Services advisor on 01179223091 or online at www.patrol-uk.info.. By going through this process you have the potential to set the PCN back down to a lesser rate and to a point where you can appeal.


Kind Regards,

Maryam

Clean Air Zone Appeals Officer
100 Temple Street
Bristol, Avon, BS1 6AG
CAZ.pcnappeal@bristol.gov.uk


The link does not explain anything about 'order of recovery' whatever that means and I am completely at a loss as to what to do now. Hence I am seeking help... Any help would be greatly appreciated.

Thank you!!

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« Last Edit: September 21, 2023, 10:47:46 am by Myamoon »

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Re: CAZ Charge Certificate (Bristol) BS54893590
« Reply #1 on: »
That is a vey helpful letter, and advises you to wait for the OfR, so that you can submit a WS to TEC. Submitting the WS is a mere tick-box exercise and gets the process reverted to the original PCN stage at which point you can appeal or pay.

At the end of the period allowed on the CC for payment, the council can register the debt at the Traffic Enforcement Centre (TEC), following which they can issue you with an Order for Recovery. At this stage a Witness Statement can be submitted stating that the PCN was not received. The form to use is the TE9 : -
https://www.gov.uk/government/publications/form-te9-dart-charge-mersey-gateway-clear-air-zones-challenge-a-traffic-enforcement-order
As you didn't receive the original PCN, it would be prudent to now be proactive, and to contact TEC quoting the PCN Number after the period for payment of the CC has expired, to find out if the debt has been registered. You most definitely do not want to miss this stage. You can submit a WS even though you may not have received the OfR. About every 7-10 days is normally sufficient.

When it comes to filling in the form, do note that the "Applicant" is the council, not you. You are the "Respondent".

Finally, is your address on the CC correct in all details and the same as your V5 ? Small errors can sometimes lead to mail going astray.

Re: CAZ Charge Certificate (Bristol) BS54893590
« Reply #2 on: »
Thank you very much for your reply. You have been very helpful and clear.

Yes my address was correct and matches my V5 so there would have been no reason for me not to get it in that respect. As horrible as they are to receive I wish I would have to spare me all this worry and headache.

I will submit the WS from the 27th (14 days following the date of CC) as you have advised and hope for the best! Just to confirm, I can submit the form every 7-10 days?

The warning on the back on the CC doesn't state anything of the sort and definitely scares you into paying with CCJ's etc. but I knew there must be a way given the complete injustice of it all!

I'm very grateful there are forums such as these and people willing to help. Thank you again. 

Re: CAZ Charge Certificate (Bristol) BS54893590
« Reply #3 on: »
Sorry, I don't seem to have made myself clear as you seem to have misunderstood.

You keep contacting TEC  by phone every 7-10 days until they tell you the debt has been registered. Only then can you submit your WS. If you submit it before then, it will be rejected as TEC will have no record of it.
« Last Edit: September 22, 2023, 12:42:51 am by cp8759 »

Re: CAZ Charge Certificate (Bristol) BS54893590
« Reply #4 on: »
@Myamoon please see @Incandescent's response, you definitely don't want to submit a witness statement once a week or you'll very quickly annoy TEC a lot. Only submit it once TEC confirms that the debt has been registered.
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