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Of course I would like to appeal this, as from some reading it would appear that is unlawful to request the daily charge and penalty.
But before I go head I would like to make sure that I do have grounds to appeal.

Bristol have rectified the telephone number. There is still the odd pagination (where are the other 296 pages?) but not sufficient. That leaves the demand for the toll+penalty.

Use the search box (top r-h corner) on ' Bristol CAZ' to find other recent threads (I think you'll find Bristol have yet to go to TPT), and post a draft representation here for constructive comment.

Do not miss deadline for maintaining discount.

I have attached the TPT case of 2018.  The key sentences are: -

There is no power in Regulation 7 for the PCN to require the road user charge to be paid in
addition to the penalty charge. Nor is there a power for the charging authority to refuse to
allocate a payment made for a crossing to that crossing, and hold it, possibly indefinitely, for
future use.

The case concerned a late payment of the toll, but the first sentence above applies to all PCNs.
Here is a link to the regulations: -
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

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Hello,

Sorry for the delay.

I did indeed send representations, however today I have received a letter advising that my representations have been rejected.

I will upload an image of the latter shortly.

Thanks

Nice of them to show they've now actually read the regulations.  I don't expect they even knew they existed before !  They are right that the regs allow them to state in their Order that the penalty charge is payable in addition to the toll charge. However, it seems they never got as far as Regulation 7, that defines the content of a PCN. There are no powers in Regulation 7 that permit the toll charge to be requested on the PCN. If they want to collect the toll charge, they must use normal debt recovery procedures.

Whoever wrote the regulations was an idiot, but councils must obey the regulations, and those regulations do not permit them to claim the toll charge on the PCN, as was stated in 2018, by Caroline Sheppard, the Chief Adjudicator of the Traffic Penalty Tribunal.  However, as far as can be made out, this ruling has never been tested since. I see they have re-offered the discount, so it is now your decision whether to take them to TPT or pay up. If it were me, I'd be going to the TPT, but it's your money not mine.

Interestingly, the Birmingham CAZ Order specifically states that payment of the PCN discharges the toll charge debt. Their lawyers are obviously more up-to-speed than Bristol's.

I agree that the tribunal route is the way to go, an adjudicator is unlikely to go out of their way to disagree with their own logic from 2018.

Having said that, I'm a contrarian type, so I wondered about using their own logic against them by paying the £69 then demanding the £60 back because they've now accepted payment of the £9. This ought to work if the penalty is for non-payment, but not if it's for late payment. The order itself ("Bristol Clean Air Zone Charging Order 2022" I think) is unclear which is the case, section 11 (1) says says the penalty is "A penalty charge will be payable.... [when] ...that charge has not been paid in full in the manner in which and within the time by which it is required..." but the section heading is "Penalty charge for non-payment of charge"

I did fid something else interesting though, Section 9 (4) of the Bristol Clean Air Zone Charging Order 2022 states:

"(4) A licence may only be purchased—
(a) on the charging day concerned;
(b) on any of the first six charging days immediately following that charging day; or
(c) on a day falling within a period of six charging days immediately preceding that
charging day"

... so if you do go to the tribunal you could point out that Bristol's own order doesn't allow them to accept late payments.

@Tiggerbits it seems to me that Caroline Sheppard's reading of the regulations is correct, and if the council wants the £9 charge they can ask but they cannot demand payment of the £9 charge as part of the PCN process. They can send you an invoice and if you don't pay, they can sue you in the county court small claims track.

I'm going to drop you a PM in case you'd like to be represented.