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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: feeleton on January 12, 2024, 10:22:22 pm

Title: Re: Bristol CAZ PCN York Rd (CAZ0036)
Post by: Incandescent on January 13, 2024, 10:16:07 am

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.

Title: Re: Bristol CAZ PCN York Rd (CAZ0036)
Post by: John U.K. on January 13, 2024, 08:25:14 am

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.

Title: Re: Bristol CAZ PCN York Rd (CAZ0036)
Post by: feeleton on January 12, 2024, 11:19:13 pm

Thanks for the reply @Incandescent
Will you please advice on how do I proceed with the appeal? Thank you

Title: Re: Bristol CAZ PCN York Rd (CAZ0036)
Post by: Incandescent on January 12, 2024, 11:15:57 pm

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

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Title: Bristol CAZ PCN York Rd (CAZ0036)
Post by: feeleton on January 12, 2024, 10:22:22 pm

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.

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