Author Topic: PCN issued by Halton Borough Council - Toll Road  (Read 578 times)

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PCN issued by Halton Borough Council - Toll Road
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Location: A533 (Mersey Gateway Bridge) and the A557 (Silver Jubilee Bridge) southbound

Merseyflow have issued me a PCN letter on the 06/11/23 and the offence was dated the 21/10/23.They have advised I bascially have failed to pay for using the toll road. At the time I was travelling back from Liverpool airport so i'm not familiar with the road and was just following my sat nav which directed me that way, I also have my satnav to avoid toll roads so was unsure why it took me that way home anyway. I have google this bridge/toll road and there's a lot of other drivers who have had the same issue and have a lot of complaints, I'm also sure there's not clear signs to say how to pay etc.

They then go on to how much the charge is etc and threatening me to pay.
 
(see below for the letter received)

https://www.dropbox.com/scl/fi/ftjx591ky3lyb0maq2xq6/PCN.jpg?rlkey=ivzntelj2b7cmppplagvlk7w1&dl=0

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Re: PCN issued by Halton Borough Council - Toll Road
« Reply #1 on: »
When was your satnav last updated ? Does the map display show the route over the new bridge ?
The PCN is a typical one for road user charging locations, nothing unusual in it except that it asks you for the crossing toll as well as the penalty charge. A 2018 case at th e Traffic Penalty Tribunal involving the DART charge, (the Dartford crossing at Dartford near London), the adjudicator pointed out that asking for the crossing toll as well as the penalty charge was not permitted in the powers granted to the authority by the regulations.

Whilst you can submit representations on signage, I suspect these will not succeed and you'd have to take them to the Traffic Penalty Tribunal for a decision and risk the full PCN penalty. As I cross this bridge fairly regularly, I can assure you that prominent signs are in place advising that a toll is payable. Would the argument about the content of the PCN succeed ? Well it could do and you would be able to cite the case mentioned above.

So if you want to go for the double-or-quits gamble you will first need to submit representations against the PCN. Only when Halton Council reject those reps can an appeal be registered at the Traffic Penalty Tribunal.

Re: PCN issued by Halton Borough Council - Toll Road
« Reply #2 on: »
I was using Waze which is constantly updated daily with routes etc.

As I say, the signs can't be that clear if a lot of motorists have complained about this certain bridge in the past. How do you normally pay for the toll then when you cross this bridge out of curiosity as i didn't pass any barriers or anything from what i recall.

Are you saying I can't really get out of this one then and will have to pretty much pay it?

Re: PCN issued by Halton Borough Council - Toll Road
« Reply #3 on: »
https://www.merseyflow.co.uk/pay-for-crossing

You really do need to get rapidly up-to-speed on road user charging locations. Merseyflow is one where you got the PCN, then there is the Dartford Crossing, the varioud low emission zones, and the London ULEZ, none of which have toll booths, payment is made on-line.

Q : Does Waze show the Merseyflow bridges on your car ?  They are both toll bridges now, the old bridge used to be free.

Re: PCN issued by Halton Borough Council - Toll Road
« Reply #4 on: »
I don't remember seeing any sign that warns me about paying online or anything though, as I say, I don't opt to go on toll roads, if i'm going somewhere I have never been i put it into Waze and follow the route to also avoid toll roads.

Yes Waze shows the road if that's what you mean and just labels it as 'A533 Mersey Gateway'

Re: PCN issued by Halton Borough Council - Toll Road
« Reply #5 on: »
Assuming you came along the A562 from Liverpool Airport you would have passed these signs.

https://maps.app.goo.gl/McE39oQKaLNeePpS9

https://maps.app.goo.gl/JXpMbX3169VKYsQ2A

https://maps.app.goo.gl/NoYeokKGivQeeFkf7

https://maps.app.goo.gl/ZD8A9UXzzQ82GWzk9

https://maps.app.goo.gl/eoezNupLre8hGZCm7

https://maps.app.goo.gl/2LApgYLWaDZhw1Gt6

https://maps.app.goo.gl/iEhatHgnKhhiSLSe6

So I think putting "I didn't see any signs" in any representations would not favour a result !

If you really do want to fight this, then you could take them to the Traffic Penalty Tribunal on the grounds of "procedural impropriety".  The Road User Charging Schemes regulations of 2013 define what goes into a PCN in Regulation 7.
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made
So also requesting the unpaid toll as well as the penalty charge in a document that is solely concerned with a penalty charge is unlawful. It is akin to adding in a parking charge to a PCN for a parking charge contravention.
An adjudication at the Traffic Penalty Tribunal in 2018 recently came to light. The case concerned payment of the toll for the Dartford Crossing near London.
The key sentence written by the adjudicator is this: -
"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."

The TPT decision is attached







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Re: PCN issued by Halton Borough Council - Toll Road
« Reply #6 on: »
Please post the remaining pages of the PCN, as we might find additional grounds to challenge it.
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