3. Code 17J - Using a Vehicle within Clean Air Zone - Bristol
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BertieBath

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Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« on: January 26, 2024, 06:43:55 pm »
A Penalty Charge Notice (PCN) was issued to me on 18-01-2024 under Code 17J for allegedly using a vehicle within the Clean Air Zone on 15 December 2023.

On 15 December 2023, I made a payment for driving within the Clean Air Zone on 14 December. FYI I drove in the evening and I wasn't aware the CAZ would be spread over 2 days . The details of the payment are as follows:

Charge: Driving in a Clean Air Zone
Vehicle Registration: WP14XUD
Payment ID: aqvtbi6r0a13qr9kpbj7m8amj5
Clean Air Zone: Bristol
Payment Reference: 5475895
Amount Paid: £9.00
Date: 14 December 2023

Today, as I received the PCN, upon reviewing the regulations governing Clean Air Zone charges in Bristol, I became aware that the daily charge expires at midnight, necessitating an additional payment for each subsequent day.

However, I did not receive any notification or reminder regarding the need for an additional payment after the one made on 14 December 2023. This lack of communication resulted in unintentional non-compliance with the Clean Air Zone regulations on 15 December 2023.

In light of the above, could you possibly advise me if I have any ground to challenge the PCN?

Thanks!
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Incandescent

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #1 on: January 26, 2024, 06:58:55 pm »
All Bristol PCNs are unlawful because they request the penalty charge as well as the toll fee on the PCN.  There are no powers for them to do this in the regulations. An adjudication in 2018 ruled this, and the adjudicator was the Chief Adjudicator of the Traffic Penalty Tribunal, Caroline Sheppard, no less, (now retired).

Here are the regulations
https://www.legislation.gov.uk/uksi/2013/1783/contents/made

I have also attached the adjudication.
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BertieBath

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #2 on: January 27, 2024, 12:44:52 am »
That's really useful, thanks!

So does this mean I can challenge using option G 'The Council has made a procedural error when dealing with my case or the PCN" (or even option F)?

Potentially, paraphasing the adjudication, I could add something like: "There is no power in Regulation 7 for the PCN to require the CAZ charge to be paid in addition to the penalty charge.The requirement to pay such charge in addition to the penalty charge amounts to a procedural impropriety"

Any thoughts? Thanks
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Incandescent

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #3 on: January 27, 2024, 12:58:35 am »
Insert the regulations title. 
"There is no power in Regulation 7 of the The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013..."
You could also add this this was confirmed in an adjudication at the Traffic Penalty Tribunal in 2018, and quote the case.
BTW, Birmingham CAZ would seem to have lawyers that have actually read the regulations, because they only put the penalty on their PCNs.
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BertieBath

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #4 on: January 27, 2024, 07:19:22 am »
Of course, that makes sense. Before submission, could you double check for me: "There is no power in Regulation 7 of the The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013, for the PCN to require the CAZ charge to be paid in addition to the penalty charge.The requirement to pay such charge in addition to the penalty charge amounts to a procedural impropriety

This is confirmed in an adjudication at the Traffic Penalty Tribunal in 2018, case No: IA01249-1803.

Therefore, I wish to request the cancellation of the PCN"
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Incandescent

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #5 on: January 27, 2024, 09:21:41 am »
Yes, go with it.

The regulations allow councils to collect the toll fee as well as the penalty charge, but this cannot be collected via the PCN, it is a normal civil debt, collectable in the normal way, outside the enforcement process.  Whoever wrote the regulations seems to have been smoking something they shouldn't !

The Birmingham CAZ order is specific on the toll fee and the PCN

Quote
Penalty charge for non-payment of charge
11.—(1) A penalty charge will be payable, in lieu of the charge imposed under article 7, for each charging day as respects which—
(a) a relevant vehicle has been used on a designated road in circumstances in which a charge is imposed by article 7; and
(b) that charge has not been paid in full in the manner in which and within the time by which it is required to be paid by article 9.
(2) A penalty charge payable by virtue of paragraph (1) must be paid within the period (“the payment period”) of 28 days beginning with the date on which a penalty charge notice is served under regulation 7 of the Enforcement Regulations and in a manner specified in the penalty charge notice.
(3) The amount of a penalty charge payable in accordance with paragraph (1) is £120 but, if the penalty charge is paid before the end of the fourteenth day of the payment period, the amount will be reduced by one half to £60.
(4) Where a charge certificate is issued in accordance with regulation 17(1) of the Enforcement Regulations, the amount of the penalty charge to which it relates will be increased by one half to £180.

However, Bristol's Order is for the toll fee to be payable as well as the penalty charge.
Quote
Penalty charge for non-payment of charge
11. (1) A penalty charge will be payable, in addition to the charge imposed under article
7, for each charging day as respects which—
(a) a relevant vehicle has been used on a designated road in circumstances in which a
charge is imposed by article 7; and
(b) that charge has not been paid in full in the manner in which and within the time by
which it is required to be paid by article 9.
It really is quite stupid !  The London ULAZ is the same as Birmingham, but I think it is under different legislation, so is not directly comparable.
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BertieBath

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #6 on: January 27, 2024, 05:57:36 pm »
This is useful information for future reference! I submitted representation and got an automated message sating "Your PCN Representation has been successfully received". Fingers crossed... Thanks for now.
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John U.K.

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #7 on: January 27, 2024, 06:18:24 pm »
Whilst you are waiting, you may care to have a read of this thread:

https://www.ftla.uk/news-press-articles/bristol-council-and-ulez/
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cp8759

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #8 on: February 01, 2024, 11:51:41 pm »
We missed the premium rate telephone number issue, but that can always be raised at the tribunal stage. You can pretty much assume Bristol will reject the representation so this will have to go to the tribunal.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

John U.K.

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #9 on: February 02, 2024, 10:03:05 am »
Quote
We missed the premium rate telephone number issue, but that can always be raised at the tribunal stage.  - CP8759

This is one of the revised PCNs, with an 0117 number and the mysterious pagination 'page n of 400'.
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cp8759

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #10 on: February 02, 2024, 12:04:08 pm »
Quote from: John U.K. on February 02, 2024, 10:03:05 am
Quote
We missed the premium rate telephone number issue, but that can always be raised at the tribunal stage.  - CP8759

This is one of the revised PCNs, with an 0117 number and the mysterious pagination 'page n of 400'.
So it is, it took them long enough.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Incandescent

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #11 on: February 03, 2024, 07:44:06 pm »
Quote from: cp8759 on February 02, 2024, 12:04:08 pm
Quote from: John U.K. on February 02, 2024, 10:03:05 am
Quote
We missed the premium rate telephone number issue, but that can always be raised at the tribunal stage.  - CP8759

This is one of the revised PCNs, with an 0117 number and the mysterious pagination 'page n of 400'.
So it is, it took them long enough.
But they're still requesting payment of the toll in the PCN as well as the penalty charge. A procedural impropriety according to Carol Sheppard, Chief Adjudicator in the adjudication in 2018
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BertieBath

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Re: Code 17J - Using a Vehicle within Clean Air Zone - Bristol
« Reply #12 on: February 26, 2024, 08:58:35 pm »
Very useful information. No news yet... let's wait and see! Thanks anyone
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