3. Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« previous next »
Pages: [1]

Author Topic: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)  (Read 847 times)

0 Members and 157 Guests are viewing this topic.

Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« on: »
I recently drove to Bristol Airport and used the Waze app to avoid the Bristol CAZ. Regrettably I received a PCN from Bristol City Council this afternoon and am really annoyed with this. As you can see I was travelling very early in the morning and got lost once on my route for around 5 minutes but saw no signs otherwise I would have paid the congestion zone charge.

I note there have been a couple of similar posts from other users in recent months who have successfully appealed their PCN. Would anyone be able to review the PCN I have received and advise me whether I have any grounds for appealing the PCN.

Links to the PCN pages are listed below:

Page 1: https://drive.google.com/file/d/1dKxCF_pTB3...ew?usp=drivesdk

Page 2: https://drive.google.com/file/d/1dKuWoo8Ude...ew?usp=drivesdk

Page 3: https://drive.google.com/file/d/1dAt0End9Ns...ew?usp=drivesdk

Page 4: https://drive.google.com/file/d/1dLOqWCaDgF...ew?usp=drivesdk

The images on page 2 other than the number plate show how foggy and unclear it was as you can only just see the number plate. The other images are essentially just lights. Could I challenge the number plate picture.

I note that there was a similar post submitted a few days ago on the forum: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-clean-air-zone-pcn-17j-newfoundland-circus-caz0022-and-caz0025/msg4322/#msg4322

Can I use the same defence.

Thanks in advance for any help anyone can provide.

Regards,

Imran
Logged

Share on Bluesky Share on Facebook

Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #1 on: »
You can use version 1 of the representation posted on that thread. However none of your links work, please fix them.
Logged
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
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #2 on: »
These are the links to the PCN notice received. I hope the links now work:

Page 1: https://drive.google.com/file/d/1dKxCF_pTB3CdhjVc_D-x3KGiLrgM_OlW/view?usp=sharing

Page 2: https://drive.google.com/file/d/1dKuWoo8UdefADzBWIPYXq93gVi7V1nmQ/view?usp=sharing

Page 3: https://drive.google.com/file/d/1dAt0End9NsncCz6xpjAugZ_-BQLUFjQn/view?usp=sharing

Page 4: https://drive.google.com/file/d/1dLOqWCaDgFPrmMUVbZEG7iXkgPmmkYek/view?usp=sharing

Do any of the admins have a view as to whether appealing on using the first template on the thread linked to above would yield a positive result, as I note on the previous thread an admin member stated that Bristol had challenged a recent appeal which was the first time they had done so.
« Last Edit: September 12, 2023, 08:10:09 pm by bentonfraser »
Logged
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #3 on: »
Quote from: bentonfraser on September 12, 2023, 08:08:09 pm
Do any of the admins have a view as to whether appealing on using the first template on the thread linked to above would yield a positive result, as I note on the previous thread an admin member stated that Bristol had challenged a recent appeal which was the first time they had done so.
Well obviously the council won't accept anything you say, but yes an appeal to the tribunal can succeed. There are lots of issues that can be brought up at the tribunal.

If you make a representation to the council while the discount is still on offer, the notice of rejection will reoffer the discount anyway (on the condition that you don't appeal), and by the time you have to decide whether to take the discount offer or risk the full penalty at the tribunal, we should have the outcome of the other case.
Logged
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
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #4 on: »
Does anyone know how long Bristol City Council take to respond to appeals?

I lodged an appeal in this case using the template on 14 September and received an acknowledgement but have not received any subsequent communication.

Best wishes
Logged
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #5 on: »
They have 56 days from date of receipt of representations to respond, (accept or refuse).

I would think they must be over the 56 days by now. Have you looked on their website to see what stage the PCN is at currently ?

Logged
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #6 on: »
Quote from: Incandescent on November 29, 2023, 06:52:26 pm
They have 56 days from date of receipt of representations to respond, (accept or refuse).

I would think they must be over the 56 days by now. Have you looked on their website to see what stage the PCN is at currently ?

I calculate 10 weeks have elapsed from appeal acknowledgement on 14 September to today. I believe this is over the limit of 56 days. There is no way to track the progress of the appeal. They don't signpost this and I have looked at their website but couldn't locate anything.
Logged
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #7 on: »
As it is now well over the 56 days, it is worth contacting the council to enquire of progress on considering your representations. You need to be cautious, because they may have responded but the letter is lost in the post, now an unfortunate fact of life with the privatisation of Royal Mail. Unfortunately, government assumptions in regulations for 1st Class post are up against current reality.

Of course, if they have not responded, you win by default. In fact they may have decided not to bother with any representations as the money coming in means they can ignore them.
Logged
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #8 on: »
we have a very similar situation, they received our appeal 13/9/23, sent a rejction of representations dated 6/11/23 (54 days later)  stating date of serving 2 days later (56 days later),  however, arrived at the address 20 days after 28/11/23, so 76 days later.  offering the chance to ay the £9 within 7 days of date of serving  :-\   we are also taking advice off this site.  so watch out yours may arrive very soon
Logged
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #9 on: »
Quote from: WATERPOLO on December 01, 2023, 09:39:21 pm
we have a very similar situation, they received our appeal 13/9/23, sent a rejction of representations dated 6/11/23 (54 days later)  stating date of serving 2 days later (56 days later),  however, arrived at the address 20 days after 28/11/23, so 76 days later.  offering the chance to ay the £9 within 7 days of date of serving  :-\  we are also taking advice off this site.  so watch out yours may arrive very soon

Thanks for the reply. I called them a couple of days ago and the person said they had received the appeal on 14/09 and said they would pass the case into the relevant team. I take the point that their reply may have got lost in the post but I would assume they would have followed up I'd this had been the case and issued me a further letter. I guess I will have to wait and see.
Logged
Re: Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)
« Reply #10 on: »
The penalty due on the council website is £69, this is a strong indication that they have rejected the representation and reoffered the discount.

I would call up on Monday to see if they can email you a copy of the notice of rejection. If they don't give you any useful information, contact them in writing asking for a copy of the notice of rejection.
Logged
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
Pages: [1]
« previous next »
  3. Clean Air Zone PCN Bristol City Council A370 Brunel Way (CAZ0049)