Free Traffic Legal Advice

Thank you.

I’m not able to upload a copy of the letter as I received an error message saying “upload folder full” hence the extract. I’ve tried many times to upload without success.

The “us” referred to myself & my passenger, I am the registered private keeper. I received 2 notices, going into Bristol & out the following day.

I just feel it’s wrong to entirely ignore my challenge on one of the points I made & feel for that reason more motivated to fight. The PCN of £60 & CAZ charge of £9 are shown as £69 plus itemised separately on the same demanded letter.

Is this a continuation of your existing thread?
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/clean-air-zone-pcn's-code-17j-a4-bath-road-bristol-city-council/msg23496/#msg23496

If so ask a mod to merge.

You really must try to post the docs. Read the read me first guide, try using Imgur or ibb.co.uk and posting the BBCodes here.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/portsmouth-caz-entry-pcn-for-non-payment-in-time/

May be worth reviewing.

You can easily post their rejection in Google drive or similar.

If the discount is not reoffered then it is another brainer to take them to tribunal.

Otherwise it's decision time on pay lower or risk full.

If you do want tribunal then craft some representations based upon how the charging order is constructed and how the regulations are constructed and that the addition of the charge means penalty exceeds. They have yet to let a case get to tribunal the issue that is known about.

Detail the Moran case too. You are trying to lead the adjudicator step by step.

Put your reps up as a draft for comment.

@cp8759  may be interested in getting this issue before tribunal.

Thank you all for the advice so far. Here's a link to imgur where you should be able to see one of two rejection letters received, the 1st for entering Bristol the 2nd for leaving. You'll see that they haven't bothered to address my challenge at all.

Rejection Letter:
https://imgur.com/a/k6qyOSX


My Challenge:
"Each PCN issued to us includes a £60 penalty charge plus the additional £9 daily CAZ charge. According to The Road User Charging Scheme (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013, the road user charge should not be combined with the penalty charge. This discrepancy suggests that the PCNs may be invalid, as it is not lawful to impose both the penalty and the daily charge in this manner."

Apologies, link to all sides of the 1st rejection letter below.

https://imgur.com/a/k6qyOSX

I would like to fight this if possible.

The signage is poor but obviously is within the law. The fact I live hours away in a village & was ignorant of the CAZ doesn't hold water. But adding the 2 charges of PCN & CAZ charge together seems to be unlawful which is why I guess they've chosen to completely ignore that challenge.

Any further advice very welcome & appreciated.


 

OK, how does this first draft look like?

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The PCN BS59751797 issued to me on 20/05/24 states that the amount due is £69, which will increase after 14 days. As I understand the letter, this PCN is therefore a combination of a £60 penalty charge plus an additional £9 daily CAZ charge.

The letter goes on to further state that Bristol council charging authority believes that a penalty charge of £120.00 is pavable (reduced to £60.00 if paid within 14 days after the 'Date of Service) plus the £9 CAZ daily charge for the contravention.

According to The Road User Charging Scheme (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013, the CAZ road user charge should not be combined with the penalty charge. This discrepancy suggests procedural impropriety on the part of the Bristol charging authority and that the PCN may be invalid as it is not lawful to impose both the penalty and the daily charge in this manner.
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Any further advice on additions or changes warmly welcomed.
K

Dear Sirs

Re postal PCN BS59751797 dated <date> served to me on 20/05/24

I deny liability for the above PCN penalty on the grounds of procedural impropriety by the council

The PCN states that the amount due is £69, which will increase after 14 days. As I understand the letter, this PCN is therefore a combination of a £60 penalty charge plus an additional £9 daily CAZ charge.

The letter goes on to further state that Bristol council charging authority believes that a penalty charge of £120.00 is payable (reduced to £60.00 if paid within 14 days after the 'Date of Service) plus the £9 CAZ daily charge for the contravention.

The relevant regulations governing Penalty Charge Notices within a road user charging scheme are The Road User Charging Scheme (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013. In the explanatory text, the regulations state: -

"These Regulations make provision for the civil enforcement of a penalty charge imposed in respect of a motor vehicle by a road user charging scheme made under Part 3 of the Transport Act 2000 (c.38)."

That is the sole purpose of the regulations, and it is clear from reading them, that inclusion of the CAZ charge within a PCN issued under these regulations is unlawful. I refer you to Regulation 7 which defines the content of a road user charge PCN. The CAZ charge, if unpaid is a totally separate debt to the penalty demanded in the PCN, therefore its inclusion in your PCN is a prcedural impropriety.

I therefore demand that the PCN above is cancelled forthwith, and that Bristol City Council cease enforce the CAZ until their PCNs are altered so that the CAZ charge is omitted, and only the penalty charge is demanded.

YOurs faithfully