Author Topic: Bradford CAZ - Entering the Clean Air Zone  (Read 306 times)

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ishy123

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Bradford CAZ - Entering the Clean Air Zone
« on: October 14, 2024, 08:59:51 pm »
Hi everyone,

Just looking at the fantastic advice given here, there is a lot to learn from here.

Bradford Clean Air Zone

I was sent a PCN for entering the CAZ. My Vehicle is PHV so I am liable to pay this.
I entered it unknowingly and only found out once I received the PCN.
Unfortunately, I had already submitted an appeal against it before finding this website. They have rejected the appeal (probably because they are broke). They have now sent me the Notice of Rejection.

Here is my initial appeal

Dear Sir/Madam,

I am writing to formally contest the Penalty Charge Notice (PCN) I received for allegedly entering the Clean Air Zone (CAZ) on 17 August 2024. The PCN references Rooley Lane as the point of entry. However, I only received the notice on 7 September 2024, hence the timing of my response.

Before my journey, I used the interactive map and set my Sat Nav specifically to avoid the CAZ, which is why I did not enter the zone when I initially drove into Bradford. I have since reviewed the road layout and discovered that I mistakenly entered Rooley Lane. My approach to the roundabout was from Rooley Avenue. Due to unfamiliarity with the area and the dimming light, I was in the incorrect lane and unable to safely change lanes at the roundabout to take the M606 exit. To avoid an unsafe manoeuvre, I was forced to continue ahead. The next sign at the exit instructs drivers to continue straight to join the M606 (picture 2), which further added to my confusion. Had the signage indicated staying in the right lane to avoid the CAZ, I would have avoided entering the zone altogether.

Unfortunately, there was no legal opportunity to turn around without proceeding through the zone, and there is a no U-turn sign along the road, further restricting my options.

As someone unfamiliar with Bradford’s road layout, I was unaware that this particular road was part of the CAZ. Coming from London, where the congestion zones are clearly signposted, including markings on the road, I expected similar signage. However, at the approach to the roundabout on Rooley Avenue near the petrol station (picture 1), there was no clear indication of which exit would lead me into the CAZ. Furthermore, the signage on the roundabout exits themselves also did not provide any clear indication of the CAZ boundaries. The only signpost that shows which exits are part of the CAZ is the one positioned when exiting the M606 (picture 3), and I did not enter the roundabout from that exit. This differs from London’s ULEZ and LEZ zones, where exits are marked accordingly.

Given these circumstances, I feel the fine is unfair. It was a genuine mistake, exacerbated by a lack of clear road markings and signage. I am in debt after recently purchasing this vehicle, and this fine would only add further financial strain.

I would like to stress that if I had known I was entering the CAZ, I would have paid the relevant charge promptly. I am accustomed to paying charges in London, such as congestion and airport zone fees, and have always complied with those systems.

I kindly request that you take these factors into consideration and reconsider this fine in light of the situation.

Yours sincerely,

Here are the photos for the above appeal






Here is the response from the council




On the councils response on the first paragraph they incorrectly wrote 'You also mention that, upon seeing the CAZ sign, you were unable to make a legal U-turn to avoid the zone'

I am pretty sure in the appeal above, I did not mention this.

Finally, here are the pictures of the contravention




I have another couple of days before the half price offer goes. Do I have a leg to stand on? Or should I just pay?

I think its extremely unfair and a trap to make money. Especially since there is nothing signs on the roundabout exits to indicate you are entering the CAZ.

Should I take it further? Please advise
Any help would be appreciated.

Kind Regards

Ishy

**EDIT** Here is the initial PCN
« Last Edit: October 14, 2024, 09:42:13 pm by ishy123 »

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John U.K.

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #1 on: October 14, 2024, 09:26:31 pm »
Please also post all sides of the PCN, redacting only yr name & address.

There have been issues with some local authorities charging the charge as well as the penalty: I do not know if Bradford is one of them, so wait for the experts here to comment.

ishy123

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #2 on: October 14, 2024, 09:39:34 pm »
Thanks for the reply

They definitely want their £7 on top :D

I have edited the original post to show the initial PCN

Incandescent

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #3 on: October 14, 2024, 10:16:03 pm »
Well, here are the applicable regulations: -
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

They have re-offered the discount, but if you want to fight the matter, then you can register an appeal at the Traffic Penalty Tribunal. However, reading your reps, it is all mitigation, there is nothing that one can match to the statutory reasons for an appeal to be upheld. You would need to develop a better argument on signage and its inadequacy.
In addition to the above, if you read the regulations, they allow the toll to be requested for payment and also for a PCN to be served in cases of late or non-payment. However, there are no powers within Regulation 7 for the unpaid toll fee to be demanded on the PCN. So if you do decide to take them to the Traffic Penalty Tribunal, you could include this as a procedural impropriety.

RichardW

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #4 on: October 15, 2024, 09:57:15 am »
How many seats does your van have?

Enceladus

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #5 on: October 15, 2024, 10:51:04 am »
How many seats does your van have?
Good question.

Your Ford should be a Euro 6(c) diesel. So it should be emissions compliant and not liable for the £7 daily charge even though it's a PHV. But Bradford says it isn't compliant. See the tables here. Or am I misunderstanding?

The .gov CAZ checker here shows the Ford to be compliant everywhere except Bradford. It's also ULEZ compliant.

I wonder is the Bradford CAZ database checking for an explicit Euro 6 status as opposed to the actual emissions limits held by the DVLA. The DVLA only started including the Euro status on the V5c on the 1st Sept 2018. This Ford was first registered in May 2018.

@ishy123 please post up a scan or photo of the details page on the V5c reg doc for the Ford. Obscure/redact your name & address and the VIN number. Please leave everything else visible.
« Last Edit: October 15, 2024, 10:56:22 am by Enceladus »

RichardW

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #6 on: October 15, 2024, 12:27:45 pm »
Bradford seem to have 2 classes - 4 seat PHVs which need to be E5/6 petrol hybrid (unless wheelchair accessible in which case Euro 4 petrol / Euro 6 diesel OK), whereas PHV 'minbusses' with 5-8 seats only need to be Euro 4 petrol / Euro 6 diesel. Makes no sense to me, but it's their rules!!

Enceladus

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #7 on: October 15, 2024, 12:40:16 pm »
Bradford seem to have 2 classes - 4 seat PHVs which need to be E5/6 petrol hybrid (unless wheelchair accessible in which case Euro 4 petrol / Euro 6 diesel OK), whereas PHV 'minbusses' with 5-8 seats only need to be Euro 4 petrol / Euro 6 diesel. Makes no sense to me, but it's their rules!!
That's what I suspected. And that's why your question about the seats was a good question.
« Last Edit: October 15, 2024, 01:11:55 pm by Enceladus »

H C Andersen

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #8 on: October 15, 2024, 02:18:54 pm »
OP, IMO the charge is recoverable under the Bradford Clean Air Zone Charging Order 2022, but not under the Road User Charging Regs, in fact the latter doesn't even provide that a penalty charge notice may contain any reference to the charge i.e. its contents are specified and there's no general provision regarding 'any other matter the authority might wish to include'.

The penalty charge is £120.

https://www.bradford.gov.uk/media/7229/bradfordcleanairzonechargingorder2022.pdf

https://www.legislation.gov.uk/uksi/2013/1783/contents/made

ishy123

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #9 on: October 15, 2024, 02:52:38 pm »
Hi everyone,

Thank you for taking your time out to read all above.

How many seats does your van have?

It is a 9 seater van (8 passengers)

Here is a copy of the second page of the V5 as requested




OP, IMO the charge is recoverable under the Bradford Clean Air Zone Charging Order 2022, but not under the Road User Charging Regs, in fact the latter doesn't even provide that a penalty charge notice may contain any reference to the charge i.e. its contents are specified and there's no general provision regarding 'any other matter the authority might wish to include'.

The penalty charge is £120.

https://www.bradford.gov.uk/media/7229/bradfordcleanairzonechargingorder2022.pdf

https://www.legislation.gov.uk/uksi/2013/1783/contents/made

Does this mean the charge is enforceable?

« Last Edit: October 15, 2024, 02:56:08 pm by ishy123 »

Incandescent

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #10 on: October 15, 2024, 05:35:26 pm »
Quote
Does this mean the charge is enforceable?
Yes, but not under the enforcement process defined in the Road User Charging Regulations. It is a simple debt, and not part of the Penalty Charge Notice.


ishy123

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #11 on: October 15, 2024, 08:54:47 pm »
Quote
Does this mean the charge is enforceable?
Yes, but not under the enforcement process defined in the Road User Charging Regulations. It is a simple debt, and not part of the Penalty Charge Notice.

Does that mean that this PCN is not the correct way to enforce the fine?

H C Andersen

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #12 on: October 15, 2024, 09:03:45 pm »
Read the charging order pl.

Two separate issues - despite the repeated use of the word 'charge'.

The charge: payable for entering the CAZ with a non-compliant vehicle.

The penalty charge: payable if the charge is not paid before the end of the period of 6 days following driving in the CAZ.

By virtue of the Road User Charging Regs(RUCR), the penalty charge is recoverable by issuing a PCN followed if necessary by a Charge Cert etc.

The 'charge' remains owing but the RUCR does not provide the means because ONLY the penalty is recoverable by this means.

ishy123

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Re: Bradford CAZ - Entering the Clean Air Zone
« Reply #13 on: October 18, 2024, 10:35:10 am »
Thanks for all your help.

I need to make a decision on this soon.

I am considering taking this to the tribunal.

From the replies given, it seems that I would need a better argument about the signage and its inadequacy. Can anybody help me with this?
I have rechecked and there is a sign at the previous roundabout before entering Rooley Avenue, this has cast a doubt in my mind.

I am having a look here to see if I can find something in my favour.
https://www.gov.uk/government/publications/air-quality-clean-air-zone-framework-for-england/clean-air-zone-framework

The other thing I could argue is, there are no powers within Regulation 7 for the unpaid toll fee to be demanded on the PCN.

Lastly, what about the lie they wrote on the notice of rejection. Im not sure how strong of an argument this would be

Please advise
Thanks
« Last Edit: October 18, 2024, 10:41:22 am by ishy123 »