Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: OneMankind on October 23, 2024, 02:14:51 pm
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Hi all,
Just an update.
@cp8759 was able to challenge the PCN successfully and the council did not contest.
Thank you to all who contributed to my post.
Cheers.
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DNC'ed.
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@OneMankind I'm going to drop you a PM, one angle that looks promising is that if the council just took it upon themselves to reissue the PCN without a court order allowing them to, then the new PCN is out of time by several years.
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Here is the complete set, but you have lost the top of the first page, which should contain the most important thing, the date of notice...
For convenience:
(https://i.ibb.co/kGx98Qs/BRUM-CAZ-NOR-2024-2.jpg) (https://ibb.co/x2DfjJt)
(https://i.ibb.co/B30q5GD/BRUM-CAZ-NOR-2024.jpg) (https://ibb.co/pwYJBQD)
(https://i.ibb.co/BnzQ85g/BRUM-CAZ-NOR-2024-3.jpg) (https://ibb.co/vXwT26J)
Hi John, as stated in the last paragraph of my first post, the date of issue of NoR is 04.10.2024.
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PCN says Bristol Street at Belgrave Middleway inbound which implies you were driving into the zone?
Anyway no discount so you may as well register an appeal with the tribunal.
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I've edited my post above Reply#3, please see. Date of NoR?
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Please post up the rermaing pages, redacting only yr name & address.
For convenience:
(https://i.ibb.co/B30q5GD/BRUM-CAZ-NOR-2024.jpg) (https://ibb.co/pwYJBQD)
https://ibb.co/x2DfjJt
https://ibb.co/vXwT26J
Hi John, please see above links. Thanks.
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Here is the complete set, but you have lost the top of the first page, which should contain the most important thing, the date of notice...
For convenience:
(https://i.ibb.co/kGx98Qs/BRUM-CAZ-NOR-2024-2.jpg) (https://ibb.co/x2DfjJt)
(https://i.ibb.co/B30q5GD/BRUM-CAZ-NOR-2024.jpg) (https://ibb.co/pwYJBQD)
(https://i.ibb.co/BnzQ85g/BRUM-CAZ-NOR-2024-3.jpg) (https://ibb.co/vXwT26J)
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@stamfordman, thanks for your response. Letter has been posted below.
https://ibb.co/pwYJBQD
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Post the rejection.
Presumably Birmingham hasn't reoffered the discount so you may as well appeal. The tribunal can't use discretion but the council may not contest it.
There may be something in the rejection.
As you have a fresh PCN you can put the address issues behind you but there may be something in their tardy follow-up.
Just ensure your logbook is up to date.
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Hi all,
@cp8759
This is the first time I am posting here, and hope I can be assisted. I received a Bailiff's letter on the 28th of May 2024 asking for payment for a Birmingham CAZ which occurred on the 26th of June 2022. This was the first time I was receiving a PCN regarding it as I had moved houses a few times since June 2022. I appealed to the TEC and also made the bailiffs aware. The bailiffs responded saying that they had handed the case back to the council who issued a fresh PCN with a 14 day payment notice or the ability to appeal. I appealed to the council stating that;
a). I visited Birmingham and drove in the CAZ on the 25th of June 2022 and paid for it when I got home (I also showed proof of payment).
b). The PCN was for the 26th of June 2022 at 00:16 hrs (i.e. 16 mins into the next day). I was still driving back home and wasn't aware that it was past midnight hence paid for the 25th only.
c). As I had moved houses several times since the PCN must have been issued, and even though a forwarding address was left, I never received any correspondence from the council.
The council rejected the appeal stating that the charge covered anytime from midnight to midnight (and not 24 hours from time of visit). It also stated that the onus was on the driver to check and make such payments. I now have 28 days from 04.10.2024 to pay or appeal to an independent adjudicator.
I would be grateful if I can be directed in the right direction. PCN: KW19977056.