Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: tklaish on October 02, 2023, 12:01:09 am
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The penalty due on the council website is £69, this is a strong indication that they have rejected the representation and reoffered the discount.
I would call up on Monday to see if they can email you a copy of the notice of rejection. If they don't give you any useful information, contact them in writing asking for a copy of the notice of rejection.
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I lodged an appeal with Bristol City Council over a PCN I received for the CAZ on 14/09/23. Given it is now greater than 56 days and I have not heard back from them can I assume the PCN is no longer valid and should be cancelled.
My original thread is here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/clean-air-zone-pcn-bristol-city-council-a370-brunel-way-(caz0049)/
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@cp8759 @Incandescent
Apologies, just saw your response, I have been busy with work and haven't got a chance to check back here. I also haven't received any response from Bristol city council so far.
My reps is already uploaded in this thread, please have a look:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-clean-air-zone-pcn-17j-marlborough-street-(caz0016)/msg6529/#msg6529
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How long does it normally take for Bristol City council to respond ?
The law says they have 56 days to respond. Please post up a copy of what you've sent.
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Only 15 days? We've seen a lot longer than that. Early days yet ! Have we seen your reps ?
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How long does it normally take for Bristol City council to respond ?
I submitted my representation on 2nd Oct and still waiting for a response (> 15 days today).
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Luke Moran v Secretary of State for Transport (IA01249-1803, 13 June 2018) (https://drive.google.com/uc?id=196wgUERzYDuZjwM9IEFYQwN0jD_jlcDD).
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Their PCNs are all unlawful because there is no power in Regulation 7 of the RUC regulations, to add the unpaid charge to the penalty charge.
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Submitted the representation, I will update the response here as soon as I get it.
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Thanks for the responses, attached is the PDF I have created to submit to Bristol City council. I understand, I also need to upload a copy of Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022).
Could you please confirm if this looks okay before I upload them.
Let me know if I need to make any amendments.
Thank you.
[attachment deleted by admin]
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Well, the £9 is surely not part of the penalty, is it ? Are adjudicators getting it wrong ? OK, I may be wrong, but it does seem odd that the £9 is forgiven if the PCN is cancelled.
The tribunal is a binary option, the appeal is refused or it is allowed. If the penalty is cancelled there is no mechanism via TEC to enforce the £9 charge.
I suppose the council could sue in the small claims court to recover the £9 charge, but somehow I don't think they'll bother.
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Well, the £9 is surely not part of the penalty, is it ? Are adjudicators getting it wrong ? OK, I may be wrong, but it does seem odd that the £9 is forgiven if the PCN is cancelled.
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BTW, you still have to pay the £9 even if you win.
No idea where you got that from? We've won numerous CAZ appeal (all DNC'ed) over the past few months, and I've not heard of anyone being told to pay the £9 charge?
I'm also not sure how the council would enforce that?
Bristol is yet to allow any of these cases to go to a full hearing, maybe they're worried that if they lose it will end up in the local press and everyone will appeal.
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As the 0870 phone number is still on the PCN, then yes, the template still applies. Do bear in mind that this could involve you in registering an appeal at the Traffic Penalty Tribunal if the council won't give way on the argument. This means the full £129 would be in play. I don't know what the success rate is on this argument, but somebody on here will, so wait a bit for another reply, but don't miss any deadlines.
BTW, you still have to pay the £9 even if you win.
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Hello,
I went to visit a friend in Bristol after several years and while coming back on 20th August, I drove through the city centre to show it to my family as they have't been there before, little did I know that some areas of Bristol city centre were under "Clean Air Zone" regime.
After few weeks of the trip, we received a letter perhaps around 16/17th September, but as I was busy I didn't even bother to open it. This weekend as I was catching up with unattended documents on my desk, I found the PCN from Bristol City Council, really annoyed for not knowing about the CAZ and secondly for not opening the letter on time. The PCN shows date of Notice as 12/09/2023 and date of service as 2 working days from that. After frantic search about Bristol CAZ, I landed here. I can see the payable charge as £69 (with discount) in the Bristol City council website.
To challenge the PCN, should I use the template in this thread (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) ?
Scanned Copies of PCN Pages:
Page 1: https://drive.google.com/file/d/1UNNjo5OWZHA0c5Lw58dwsdYmZLZbYq3M/view?usp=drivesdk
Page 2: https://drive.google.com/file/d/1UPfX5bilE2pS4iL6kBvR40a0rNbmezNf/view?usp=drivesdk
Page 3: https://drive.google.com/file/d/1UShlULAhYGHS2FO96OocS-vyoWLP6LFo/view?usp=drivesdk
Page 4: https://drive.google.com/file/d/1UXR0vHI30zgeSfNu8uCag4moYNhpqnOj/view?usp=drivesdk
Your help would be much appreciated.