3. Bristol CAZ PCN York Rd (CAZ0036)
« previous next »
Pages: [1]

Author Topic: Bristol CAZ PCN York Rd (CAZ0036)  (Read 826 times)

0 Members and 96 Guests are viewing this topic.

Bristol CAZ PCN York Rd (CAZ0036)
« on: »
I'm a Bristol resident. My car is a non compliant diesel vehicle. I received my first ever PCN this week. Looks like I've entered the CAZ on York Road (CAZ0036) on the 02/12/23.

Is there a chance to have the PNC revoked?
I've read that it's illegal for the council to charge the penalty and the CAZ fare on top.

All 4 pages of my notice attached below.

Any advice or help very much appreciated.
Thanks all.

[ Guests cannot view attachments ]
Logged

Share on Bluesky Share on Facebook

Re: Bristol CAZ PCN York Rd (CAZ0036)
« Reply #1 on: »
Quote
I've read that it's illegal for the council to charge the penalty and the CAZ fare on top.
You're correct according to a TPT case decided by the Chief Adjudicator, Caroline Sheppard no less ! Have a read of the file I've attached. Also here are the actual regulations; look at Regulation 7 in particular. What they are doing, is similar to a council asking for the parking fee as well as the penalty charge in a case where the PCN recipient didn't make payment to park. It's a no-no !

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

[ Guests cannot view attachments ]
Logged
Re: Bristol CAZ PCN York Rd (CAZ0036)
« Reply #2 on: »
Thanks for the reply @Incandescent
Will you please advice on how do I proceed with the appeal? Thank you
Logged
Re: Bristol CAZ PCN York Rd (CAZ0036)
« Reply #3 on: »
General observation:
They've changed the 'phone number to a standard line from a premium one.
Also, accordinmg to the page numbering, you are 396 pages missing - but I doubt this will be a winning point.
Logged
Re: Bristol CAZ PCN York Rd (CAZ0036)
« Reply #4 on: »
Submit reps on the basis that the PCN is unlawful because it is demanding payment of the toll fee as well as the penalty charge. Regulation 7 of the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) Regulations 2013 regulations does not give powers to demand the toll fee in the penalty charge notice. This is confirmed by a adjudication case in 2018 at the Traffic Penalty Tribunal.  Birmingham City Council,  no doubt with better lawyers who have actually read the regulations, do not request payment of their CAZ toll in their PCNs. 

Quote the TPT case, and the name of the adjudicator.
Logged
Pages: [1]
« previous next »
  3. Bristol CAZ PCN York Rd (CAZ0036)