Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: NessJ on April 30, 2025, 04:04:09 pm
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Sorry - not court costs. The full amount. "...if you're willing to stick to your guns and risk the full amount at the tribunal...".
I'm working 7 days a week with little sleep so I'm not articulating myself well..
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@cp8759 Sorry - I mean I am not going to risk the court costs.
I am following the original advice to wait and submit the Witness Statement. If I've understood the above correctly, I'll still have to pay the £9 + £60 fine that was in the letter I never received.
What court costs? There are no court costs.
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@cp8759 Sorry - I mean I am not going to risk the court costs.
I am following the original advice to wait and submit the Witness Statement. If I've understood the above correctly, I'll still have to pay the £9 + £60 fine that was in the letter I never received.
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There is no time limit for service of a PCN other than the duty on the authority to act fairly, so anything over 90days (3 months) would not be favoured by an adjudicator.
AFAIK, there are no powers to demand the CAZ toll in the PCN. A case at TPT decided this in 2018, but from what I see going on at the TPT at the moment, I get the distinct impression they have been captured by the councils because there have recently been a couple of really outrageous decisions by adjudicators who really should know better.
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Thank you so much - it was worth asking! Yes, my life is too short for that kind of risk.. I'll cut my losses...
I think you're throwing your money away for nothing, but it's up to you.
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Thank you so much - it was worth asking! Yes, my life is too short for that kind of risk.. I'll cut my losses...
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Question for @CPA8759. The attempt to extort the original £9 CAZ charge in addition to the penalty charge is still present in this PCN. Is that still a valid ground of appeal?
It can be but only if you're willing to stick to your guns and risk the full amount at the tribunal, the council will never accept this.
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Thanks @Enceladus! The additional questions you raised are helpful too. @cp8759 I don't know if you are able to help on the questions raised above by Enceladus? Thank you again everyone.
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Your credit rating and history won't be affected.
I see that the alleged contravention of the Bristol CAZ was the 10th Feb but the missing PCN was dated the 13th Mar. So posted and served more than 28 days later.
Can anyone confirm whether or not there is a time limit stipulated in the regulations? I don't see one.
Question for @CPA8759. The attempt to extort the original £9 CAZ charge in addition to the penalty charge is still present in this PCN. Is that still a valid ground of appeal?
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Thank you again! I really appreciate your help!
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The earliest the debt can be registered with TEC is 12th May.
Full guide on what to do here >
https://www.ftla.uk/announcements/charge-certificate-the-road-user-charging-schemes-(penalty-charges-adjudication-/
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Thank you for the confirmation!
Also thanks for the heads up on the links. I can see that one is not working.. I'll recheck them both.
Attempt 2 at links:
PCN: https://bit.ly/20250313PCN
Charge notice: https://bit.ly/20250424Charge
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Tminimise my liabilities and protect my credit history. Thank you for taking the time to help me - you have no idea how much that means to me.
There is NO risk to your credit rating.
Follow what Icandescent has said.
Neither of your links work btw.
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THANK YOU SO MUCH! This kind of detail is so helpful and reassuring. I'm actually trying to pay their fine (which I don't agree with but don't get me started) but it seems that I need to also create a health problem and dedicate 12 hours a day to figuring out how to minimise my liabilities and protect my credit history. Thank you for taking the time to help me - you have no idea how much that means to me.
If you pay, it is game over.
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THANK YOU SO MUCH! This kind of detail is so helpful and reassuring. I'm actually trying to pay their fine (which I don't agree with but don't get me started) but it seems that I need to also create a health problem and dedicate 12 hours a day to figuring out how to minimise my liabilities and protect my credit history. Thank you for taking the time to help me - you have no idea how much that means to me.
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Once the debt is registered at the Traffic Enforcement Centre, The council will sent you an Order for Recovery. The envelope should also contain the form to submit a Witness Statement. you can submit this Witness Statement stating that you did not receive the original PCN. TEC will cancel the Charge Certificate and Order for Recovery and the matter reverts to the PCN stage at which point you can pay it or appeal. You should get the discount option too.
If you're worried about mail delays, you can download the relevant form from the TEC website and when the amount outstanding increases by £10, you know TEC have registered the debt. You can find out by calling TEC every 7-10 days, or if you can see your PCN on the Bristol website, it will increase by £10 when the debt is registered.
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From Bristol City Council.
Code 17J - Using a vehicle within a Clean Air Zone without paying the charge - camera enforcement.
Background and order of events:
- The first notice that I received arrived in the post on 28/04/2025 was dated 24/04/2025.
- I didn't know that Air Zone even existed when I drove through Bristol on 10/2 to the airport, and it was only when I returned on 17/2 that a passenger pointed out a sign.
- We arrived home to hear bad news about a house move falling through (we had been evicted as our landlady died) and did not research what this zone was about until a couple of days later. I was able to pay for 17/2 but had missed the payment window for 10/2 so was waiting for a letter.
- I wasn't sure that I had driven through the zone on the way down so when nothing was received after a few weeks I assumed I mustn't had driven through the zone on 10/02. I was expecting to pay £69 but was devasted to learn first notice is for £129.
- I don't know how to prove that a letter hasn't been received but do not want to be further penalised for an admin issue.
- I panicked on the 28/04/2025 when I received the letter and used the online forms for
- Both the CAZ and generic parking services with the information above.
- I had responses to both online submissions today on the 30/04/2025 and have now seen a copy of the PCN for the first time.
- Their suggestion is that I wait for Order of recovery Letter then file a Witness Statement.
- To be honest, I just want to pay the sodding £69 that I had resigned to the fact I would have to and move on. Given we are still being kicked out of our rental home imminently, I do not want my credit record to be affected and the stress this is causing on top of everything else is insane.
- Given our neighbour had Christmas cards turning up in February, I’ll probably be delivered the original PCN in the coming weeks… I sincerely hope that one day this in just process becomes the new ‘PPI’ claim and we can all get compensated for the disproportionate time and stress caused for a questionable scheme.
- Thank you in advance for any advice you can provide, and I wish I had found this website before I sent the online forms.
Documents:
- Copy of the PCN that I never received in the post, but have by email today 30/04/2025 when I requested. https://1drv.ms/b/c/4A672E1271F0793A/EVNGDjlO-ClHnW0LLUexF2EB_LNXGxPDrJtJOQSI9WlsBw?e=mtxcYd (https://1drv.ms/b/c/4A672E1271F0793A/EVNGDjlO-ClHnW0LLUexF2EB_LNXGxPDrJtJOQSI9WlsBw?e=mtxcYd)
- Scan of the Charge Certificate received on 28/04/2025 that prompted this action. https://1drv.ms/b/c/4A672E1271F0793A/Eel_6C0itJNClVq9wxC9_swBR2qrVaCQEQfg-uJCQJSQnQ?e=zcGVRl (https://1drv.ms/b/c/4A672E1271F0793A/Eel_6C0itJNClVq9wxC9_swBR2qrVaCQEQfg-uJCQJSQnQ?e=zcGVRl)
(https://1drv.ms/b/c/4A672E1271F0793A/Eel_6C0itJNClVq9wxC9_swBR2qrVaCQEQfg-uJCQJSQnQ?e=zcGVRl)