Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: DBwelshscouser on July 06, 2023, 03:48:25 pm

Title: Re: Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0001) (route to Bristol Airport)
Post by: cp8759 on July 07, 2023, 04:02:11 pm

Other reasons is fine. To be honest these tick-boxes are there to help the council rather than to help you, their purpose is to allow them to quickly identify which templated rejection to send back to you.

Title: Re: Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0001) (route to Bristol Airport)
Post by: DBwelshscouser on July 07, 2023, 11:18:28 am

thanks - last Q for now i think..
for the 1st PCN the screen defaults to the 'other reasons' box as below which i submitted with the content of the letter in the representation box (as well as uploading the letter and the paul bateman case as PDFs).
should i be selecting a different option (last but one) or does it not really make a difference if all the evidence is included?


Please select your grounds for Representation:
   I was not the owner of the vehicle at the time it was driven in the Clean Air Zone.  Please provide the name and address of the person you disposed of the motor vehicle to or acquired from, and provide proof of sale/acquired, such as a dated invoice or receipt.
   The charge did not apply to the vehicle.  For example, the vehicle met the applicable emissions standard or an exemption applied.  Please provide details relating to the vehicle meeting the required emissions standard of the Clean Air Zone, or the exemption that applied.
   The charge for using the vehicle in the zone was paid by getting a licence in time from the government pay site.  Please provide a copy of your receipt or the unique payment reference number when returning this form.
   The vehicle was used in the Clean Air Zone by someone else without my knowledge or consent (i.e. The vehicle had been stolen and the crime reported to the police).  Please provide the name and address of the person you believe was using or keeping the vehicle (if known).  If you reported the vehicle as stolen, provide the crime reference number, unique police reference number, or the insurance claim reference.  Alternatively please provide other evidence the vehicle was stolen or used without your consent.
   We are a vehicle hire (or lease) firm and the vehicle was used driven by a hirer/lessee.  Please provide the hirer's/lessee's full name and address and a copy of the hire/lease agreement that includes a statement of liability for road user charges or penalty charges.
   The Council has made a procedural error when dealing with my case or the PCN.  If you believe there has been a failure on the part of the Council in relation to this notice or its enforcement, you must explain this to us.
   The penalty charge exceeded the amount applicable in the circumstances of the case.  The amount of the penalty charge is set in the relevant charging order.  This ground applies if a different penalty charge is claimed.
   Other reasons – Please use the box below.  (If there are any other compelling reasons why, in the particular circumstances of the case, you consider Bristol City Council should cancel this Penalty Charge Notice and refund any sum already paid.)

Title: Re: Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0001) (route to Bristol Airport)
Post by: cp8759 on July 07, 2023, 10:20:10 am

It will all be dismissed.

Title: Re: Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0001) (route to Bristol Airport)
Post by: DBwelshscouser on July 07, 2023, 08:14:59 am

thanks so much for this - apologies for the wrong section.

One further Q - the charge notice says to pay the penalty charge PLUS the CAZ charge of £9.00 - do i offer to pay the CAZ charge in my correspondence or are you expecting that to be dismissed as well?

Regards
Darren

Title: Re: Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0001) (route to Bristol Airport)
Post by: cp8759 on July 06, 2023, 10:29:29 pm

Please see the guidance here on posting images: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

But here's a basic draft you can use:

Dear Bristol City Council,

I challenge liability for PCN BS00000000 on the basis that the penalty demanded exceeds the amount due in the circumstances of the case.

The PCN carries an 0870 premium rate telephone number, and I contend that as in Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022) this amounts to an excessive demand. While I appreciate other payment methods are available, binding authority from the High Court in the case of London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) determined that where one payment method carries a surcharge, the availability of other payment methods is irrelevant and the penalty demanded is excessive.

It follows that the penalty charge must be cancelled.

Yours faithfully,

It's usually best to put this in a PDF and upload it to the council as an attachment, in order to preserve formatting. Also upload a copy of Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022) (https://drive.google.com/uc?id=11TEzgfHFInCTo-JTFFtWJ8pbIXnMvJCd).

Title: Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0001) (route to Bristol Airport)
Post by: DBwelshscouser on July 06, 2023, 03:48:25 pm

Journey 1 -Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0001) (route to Bristol Airport)
Journey 2 -Bristol, Clean Air Zone PCN 17J, A4 ring road, Hotwell Road (CAZ0002) (return route from Bristol Airport)

Identical to the case on pepipoo - http://forums.pepipoo.com/index.php?showtopic=149433

Travelling from Newport to Bristol airport (as i've done many times before) but didnt know anything about the clean air charges and especially the fact that the standard signage to airport takes you into the clean air zone.

As i understand from the previous pepipoo article the challenge to the PCN is around the wording / timeframes to pay etc...
both my letters came more than 28 days after the charge date (but i believe this isnt an angle either).

have tried to upload page 1 of PCN 1 (i also have them saved to PDF as well but file size might be too large - can send to someone via email if needed). there are 2 sides to each one.


[attachment deleted by admin]