Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: WATERPOLO on November 30, 2023, 02:33:49 pm
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Just wanted to say thanks for all the advice and posts on this site. Also thanks to CP8759 who was going to help us at the Tribunal if the council had failed to see sense today. Bristol council allowed us to pay the £9 after not receiving the Rejection Notice till 21 days after posting.
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Just to wrap this up, WATERPOLO was able to pay the £9 charge to the council and that's the end of the matter.
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Just re read all the paperwork,do we apply to the Tribunal now just in case Monday they aren't helpful and its the 28th day, If so is there anyone who can help tell us what to write?
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Yes we have asked to pay the £9 due to not receiving the response from council till way past the sent by date and yes they are requesting £120 + £9 because of the postal delay. However, as i have to ring on Monday to speak to another department I'm not holding my breath that they are going to very considerate on the matter. Which is why i was wondering what our options could be? do we go through the Tribunal process? As this would have to be done immediately due to the dates involved.
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If it were me, I'd try to pay the £9 as they have offered, albeit delays in the post meant their letter arrived after the cutoff date so you'd have to contact them about this. If this doesn't succeed, you then have the choice of paying the discounted amount, or taking the 'double-or-quits' gamble of taking them to the adjudicators.
s I said in another forum, Bristol CAZ PCNs have yet to be tested for legality at the adjudicators. There are no powers in the RUC Regulations that permit a PCN to request the toll as well as the penalty charge.
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transfereed information from Pepipoo website
Good evening, i will try not to make this too long. My son received a PCN dated 4/9/23 for driving on the A4 Hotwell Road in Bristol. This like the others I've read on here was going to Bristol airport (however didn't get one for the week later when doing same journey). it was for £69. He assumed that he should have had previous notification about the charge, however reading the posts on here it seems that this may not be the case. He wasn't able to actually speak to a human being about this and wasn't sure if it was a scam as A; it arrived quite a few weeks after the event B; it didn't have make etc of his car and C; when he tried to go on the appeal website it didn't recognise the PCN number. (screen shot taken as proof). So being the person he is he wrote a very polite letter asking was it legitimate and added the above reasons and also that he has driven in other CAZ's and not had to pay a charge. On further investigation on the CAZ website it appears Bristol and Birmingham are the only two areas he would need to pay, which he also highlighted in his letter. He also offered to pay the £9 if this was genuine. He sent it registered post on 12/9/23 so he knew it had been signed for 13/9/23.
However today 29/11/2023 he received a Notice of Rejection of Representations. Basically saying they do not consider that sufficient grounds have been presented to cancel the PCN.
They did comment on the fact that there was no make model of car, this stated they use ANPR to get the details off DVLA and that their camera's do not capture make and model. They passed no comment on any of the other points he highlighted.
'The Date of this Notice and date of Posting is 6/11/23' the 'date of service 2 working days from this date', which is 3 weeks before it was actually received. They have offered him the chance to pay £9 using their discretion but within 7 days of the 'Date of Service' the 14 days to pay £60 or £120 +£9 within 28 days.
As he is working away and I'm checking on his house/mail etc I rang to see if I could pay the £9 on his behalf. I was told politely that they would need authority to talk with me and they have sent him an email to complete and send back to them, which by Monday 4/12/23 they say should have received (takes them 48 hours to acknowledge).
I explained that there's a problem with the time of it being posted and received and although they were polite I get the feeling on Monday they are just going to say its too late to pay £9. However, i did check that all calls are recorded just in case I should need to prove I called and the content of the conversation.
The reason for this late night post is he only has 28 days to appeal via the Traffic Penalty Tribunal, so I've looked for help and advice and on martin Lewis's website the moderators say you are the best people to consult. I'm very aware conscious that time is running out even though its not his fault.
I've got the envelope the last letter arrived in and no surprise there's no date on it.
Can I ask what you feel the best course of action is for him. I'm trying to get the information together before he returns to his home on the weekend.
Thanking you in advance for any help/advice you maybe able to give
AS REQUESTED DOCUMENTS. I HOPE IVE DONE THIS CORRECTLY AND THE FILES ARE ATTACHED
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