Author Topic: Bristol CAZ Code 17J being in CAZ without paying  (Read 160 times)

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Husband_needs_to_quit_driving

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Bristol CAZ Code 17J being in CAZ without paying
« on: August 01, 2024, 12:33:20 pm »
Hello


My husband was working in Bristol on a short contract, week one we remembered to pay the CAZ charges, the second week we completely forgot!!! Possibly an expensive mistake! He's received 4 out of 5 PCNs (not sure why we haven't had one for the last day yet).

I've left this very late and need to make representation today, I've read through lots of previous posts and plan on sending the below response. I'm sure they'll reject representation and I'll be back for advice.


Dear Bristol City Council

I challenge liability for PCN BRxxxx on the basis that no road user charge is payable, and the penalty demanded exceeds the amount due in the circumstances of the case.

The regulations that apply to the Bristol Clean Air Zone Charging Order 2022 are The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013. The penalty charge notice is only permitted to demand payment of the penalty charge, there is no legal mechanism that allows the council to demand the CAZ charge in addition to the penalty charge on the PCN.

This is confirmed by the Traffic Penalty Tribunal Case Number IA01249-1803 Decision dated 13/06/2018, Adjudicator Caroline Sheppard.

In her decision, she stated, (inter alia) that "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.”

Therefore demanding payment of the CAZ charge as well as the Penalty Charge is a procedural impropriety and the PCN must be cancelled forthwith.

Yours faithfully


https://drive.google.com/file/d/14EjEvq1BQTxNTUO0pj4PXDIAWTFvksFw/view?usp=share_link
https://drive.google.com/file/d/1VOr-CVIsN9j-9R2kPqZg5j5h5drzB3j4/view?usp=share_link
https://drive.google.com/file/d/1NA0hmFTcZaKEdQr2caC8LvUVREj7sOQ4/view?usp=share_link
https://drive.google.com/file/d/1T02WxGatwRsyp6X-2itG5urDG69PJ-G-/view?usp=share_link

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Incandescent

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Re: Bristol CAZ Code 17J being in CAZ without paying
« Reply #1 on: August 01, 2024, 12:57:48 pm »
Shove it in, and post up their response when you get it.

I think Bristol realise they have boobed with their PCNs, but as most people just cough-up the penalty, they carry on with them. I suspect they will not reject your reps outright, but "make you an offer you can't refuse". So far nobody has managed to get to the Traffic Penalty Tribunal, they just let it die on the vine until the 56 days are up when the reps are automatically accepted by law.

There is something going on inside their CAZ management, but at the moment, the situation is not clear. The Birmingham CAZ PCNs just have the PCN penalty on them, and their CAZ Order specifically states that payment of the PCN discharges any liability for the CAZ charge. They were clearly better advised. Other CAZs are the same as Bristol, as is the DART system under the same legislation and regulations.

Husband_needs_to_quit_driving

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Re: Bristol CAZ Code 17J being in CAZ without paying
« Reply #2 on: August 01, 2024, 01:38:36 pm »
Thanks for the reassurance, I'll get them sent and post back their response. I hope there is an offer I can't refuse, I don't really fancy taking it further with 4 or 5 of them!

Enceladus

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Re: Bristol CAZ Code 17J being in CAZ without paying
« Reply #3 on: August 01, 2024, 09:00:43 pm »
 Please reinstate the vehicle reg number as per the instructions in the READ THIS FIRST - ** sticky post at the top of this forum.