Author Topic: PCN Bristol Council - A370 Brunel Way  (Read 743 times)

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PCN Bristol Council - A370 Brunel Way
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Hello,
I recently got back from abroad and had the PCN come through the mail which seems to have been sent almost a month after the incident in question occurred, I had been away for most of June and some of July so did not see this for ages until I got back.

I have all the ticket confirmations, any receipts etc. needed to prove this.

PCN pages are attached: [ Guests cannot view attachments ]
or otherwise the link here.

I went to go at least appeal the deadline but all I get is the screen:
https://ibb.co/4VSYdvG

This post is actually following up of the other forum pages, the people there recommended I ask for help... tricky circumstances:
http://forums.pepipoo.com/index.php?showtopic=150689&st=0&gopid=1787133&#entry1787133

I am not sure what next steps I should take on this, would at least like to reinstate the initial charge.

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Re: PCN Bristol Council - A370 Brunel Way
« Reply #1 on: »
It's at the council's discretion whether they consider your representations or not, so you need to make it easy for them to reject rather than disregard:

Dear Bristol City Council,

I am making representations out of time because I have been abroad and have only just returned to the UK, I attach proof of travel.

I have not been able to make representations against the PCN due to being out of the country, so I have now lost the opportunity to pay at the discounted rate and the council website shows the amount owed is £189. I must have entered the zone accidentally for a few minutes so I would ask if you would be willing to cancel the PCN on this occasion.

If not, I would ask that you at least reinstate the 50% discount.

Yours faithfully,

Once you have a Notice of Rejection, we can appeal to the tribunal on more substantive points.
« Last Edit: July 17, 2023, 11:35:15 pm by cp8759 »
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: PCN Bristol Council - A370 Brunel Way
« Reply #2 on: »
Thank you for this,

I'm was trying to find a way to contact them, I've sent it using their enquiry form (https://digital.bristol.gov.uk/web/guest/streets-travel/clean-air-zone-penalty-charge-notice-contact) but not sure this is correct.

They won't let me appeal it now using their service online (https://ocmlive.xrxpsc.com/bristol/OCM-FE/OCM/).

Was this correct? Do I have to do this by post instead?

Re: PCN Bristol Council - A370 Brunel Way
« Reply #3 on: »
You'll have to send it in the post.
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: PCN Bristol Council - A370 Brunel Way
« Reply #4 on: »
Post 1st class at Post Office and obtain (free) proof of posting.
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Re: PCN Bristol Council - A370 Brunel Way
« Reply #5 on: »
Hello, it's been a week+ since I posted that letter and recently received the charge certificate in the mail, attached, or alternatively:
https://acrobat.adobe.com/link/track?uri=urn:aaid:scds:US:b98c753f-979b-4b7a-9d5d-d2186d52e1a3

I don't know if this is because they didn't get the letter in time. They haven't responded to that yet.
Should I wait for a response from them until a certain time? What must I do next?



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Re: PCN Bristol Council - A370 Brunel Way
« Reply #6 on: »
Have you got the proof of posting?

Re: PCN Bristol Council - A370 Brunel Way
« Reply #7 on: »
So uh, no, I kept missing the opening hours of my local post offices so I paid for online posting and dropped it in postbox out of hours....

Re: PCN Bristol Council - A370 Brunel Way
« Reply #8 on: »
The next document in the chain is the Order for Recovery, which you then challenge by making a witness statement to the Traffic Enforcement Centre, the full process is explained here: https://www.trafficpenaltytribunal.gov.uk/charge-certificates-and-orders-for-recovery/

The statutory ground that applies to you is "Representations were made to the local authority or charging authority within 28 days of the NtO / PCN being received, but no Notice of Rejection (NoR) of Representations was received".

However you don't want to risk the Order for Recovery going missing in the post as well, so you need to keep an eye on the amount due on https://ocmlive.xrxpsc.com/bristol/OCM-FE/OCM/

Once the 14 day charge certificate period has expired, check the amount due at least once a week. As soon as it goes up to £198 or the status changes to "OFR Sent" or similar, you can download form TE9 and fill it in (no need to print, just type it out on your computer and save), remember you are not the "applicant", the "applicant" is the council.

Once that's done you can email it to tec@justice.gov.uk with the PCN number in the subject line and both the Order for Recovery and the Charge Certificate will be revoked.

The council will then refer the case to the Traffic Penalty Tribunal for the appeal to be decided on its merits.

Let me know if you'd like me to represent you at the tribunal.
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: PCN Bristol Council - A370 Brunel Way
« Reply #9 on: »
There is an update on my case,

Quote
Order For Recovery – Your case has been registered with the Traffic Enforcement Centre (TEC) at the County Court.  You must now either pay the amount due or make an application to file a Statutory Declaration.

I've filled in the TE9 form and sent it. Good thing you mentioned applicant, I almost put my name there.

Should I expect a reply by email or by post?

The amount owed also has been reduced to £69.00, does this mean anything?



Re: PCN Bristol Council - A370 Brunel Way
« Reply #10 on: »
The amount owed also has been reduced to £69.00, does this mean anything?
That's a bit odd, as normally the PCN will drop down to £69 only once TEC has processed your witness statement and issued a revoking order, and Bristol's website says "Case Status: Order for Recovery"

I suggest you call TEC in the morning and ask them if your TE9 form has been processed.
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: PCN Bristol Council - A370 Brunel Way
« Reply #11 on: »
I called TEC, and they told me the PCN was not registered with them, and that I must call the council itself,
Should I attempt to contact the council to find out it's status?

There doesn't seem to be a contact number, only another form: https://digital.bristol.gov.uk/parking/parking-service-contact-form




Re: PCN Bristol Council - A370 Brunel Way
« Reply #12 on: »
Don't contact the Council without CP's say so..
While you're waiting for CP, take screenshots from their website of the Amount owing and case status.
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Re: PCN Bristol Council - A370 Brunel Way
« Reply #13 on: »
So have you ever received an Order for Recovery?

Can you please call TEC back and find out whether the PCN has *ever* been registered with them?

Do not contact the council, if they've forgotten to register the PCN with TEC you hardly want to go and remind them.
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: PCN Bristol Council - A370 Brunel Way
« Reply #14 on: »
I received a reply from TEC:

Quote
Good morning/afternoon

Your Penalty Charge Number (PCN) is:

We can’t process your forms as they haven’t been completed properly.

Why we couldn’t process your forms:

● PCN  BS 53615683 has not been registered with TEC so we cannot help you. The Local / Charging Authorities send us files to register penalty charges. A PCN will only show on our system if the file has been successfully processed.


Not sure if it's good news or bad news...

Regarding if I received an order for recovery letter, no, but as of last week, I've been abroad and will be for a few weeks, and will be unable to physically check... doesn't help I know...