Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Riz101 on August 07, 2023, 12:28:57 am
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Bristol decided to really fight this to the hilt, so I responded in kind with a 13 page skeleton and an 103 page bundle of authorities, and after all that they changed their mind, outcome here (https://drive.google.com/uc?id=1FWCKdnuLuttvGKFs5mnthg5RPmrqLH5t).
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OK.
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Don't do anything, I'll send you a PM.
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WOW that would be great! Thanks!
If you are still ok then I'll go back to council and confirm that I would like to go to the Tribunal.
I would also appreciate if you can guide me on the next steps.
Many thanks! :)
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Yes aware of that but just wanted to clarify the comment earlier "but I'm happy to represent you at the tribunal if you wish."
I don't charge any fees unless you're a company with a fleet of vehicles and want to send me dozens of PCNs a day.
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Thanks for the comments, may I know somehow, how much it will cost me?
Appealing doesn't cost anything.
Yes aware of that but just wanted to clarify the comment earlier "but I'm happy to represent you at the tribunal if you wish."
Thanks!
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Thanks for the comments, may I know somehow, how much it will cost me?
Appealing doesn't cost anything.
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There is no additional cost in taking them to adjudication, but the full PCN penalty is in play, the discount option is lost. If you have already lost the discount, it is a no-brainer to go to adjudication.
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The grounds you argued at the representations stage are mitigation, but do not amount to a statutory ground of appeal. That means they are grounds that the council can accept or reject, but they're not grounds the tribunal has any jurisdiction over.
If you'd come here first, we would have advised you to use this argument (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-clean-air-zone-pcn-17j-a4-ring-road-hotwell-road-(caz0001)-(route-to-bri/msg974/#msg974), but you've not missed the boat as new arguments can be advanced at the tribunal stage.
In this instance what I'd be minded to do is use your initial representations as an invitation to the council not to contest, and put the 0870 point in as the statutory ground of appeal. This gives the council a chance to save face by putting it down to a discretionary cancellation.
Needless to say, this is not an approach that's really suitable for a DIY appeal but I'm happy to represent you at the tribunal if you wish.
Thanks for the comments, may I know somehow, how much it will cost me?
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That's not the case sir, I went to Bristol to take a flight and was taken by a surprise that low emission zone has been set up and the only way out was to pay the charge.
If I had too much money then I would prefer to buy a low emission car or an EV.
Anyways, need help in the situation and would appreciate any further comments on the original issue.
Thanks.
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Bristol council,,, "Don't poison our young children with your toxic exhaust gas!".
Motorist,,, "I have money I can give you".
Bristol council,,, "why didn't you say so sir, please feel free to drive around our manor and poison the little bar stewards at you leisure".
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The grounds you argued at the representations stage are mitigation, but do not amount to a statutory ground of appeal. That means they are grounds that the council can accept or reject, but they're not grounds the tribunal has any jurisdiction over.
If you'd come here first, we would have advised you to use this argument (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-clean-air-zone-pcn-17j-a4-ring-road-hotwell-road-(caz0001)-(route-to-bri/msg974/#msg974), but you've not missed the boat as new arguments can be advanced at the tribunal stage.
In this instance what I'd be minded to do is use your initial representations as an invitation to the council not to contest, and put the 0870 point in as the statutory ground of appeal. This gives the council a chance to save face by putting it down to a discretionary cancellation.
Needless to say, this is not an approach that's really suitable for a DIY appeal but I'm happy to represent you at the tribunal if you wish.
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Response page 2
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Response page 1
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Council name: Bristol
The alleged contravention: passed through clean air zone, paid the amount for 12th May but car was captured by camera on 13th May, travelled closed to midnight and incorrectly thought that I passed the city on 12th May.
Location
Details:
I had travelled to Bristol airport from Oxon and I firmly believed that I had passed through the clean air zone on return on 12th May close to the midnight, hence I had paid the charge for 2 days that included 7th (going to airport) and 12th May (coming back from airport), Considering it was late at night I had misjudged the time, not realising the date had changed to 13th May and I paid the fee for 2 days i.e. 7th and 12th May few days later but within the allowed time period.
On 13th June I received a penalty notice that I had passed through the zone on 13th May and did not pay the fee.
When I realised what had happened, I wrote to the council explaining that I had passed through the zone on 2 days but the date for for second day was wrong, so please consider the fee paid on 12th May as a substitute of 13th May and also apologised for the mistake.
However, the council has rejected my response and written back a letter which is attached.
In view of this, should I appeal to the Traffic Penalty Tribunal? I had passed through 2 days and I have paid the fee for 2 days but only one out of the two date was wrong due to a mistake considering my return from the airport was so close to the mid night. If I appeal it then my penalty will be increased from £60 to £120.
Thanks for the help in advance.
Regards.
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