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Messages - Nikon1149

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Here are the CAZ regulations.
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

Also the TPT Case 2018

Case Number : IA01249-1803
Decision Date : 13/06/2018
Adjudicator : Caroline Sheppard

Extract
"There is no power in Regulation 7 for the PCN to require the road user charge to be paid in
addition to the penalty charge. Nor is there a power for the charging authority to refuse to
allocate a payment made for a crossing to that crossing, and hold it, possibly indefinitely, for
future use."

So do I have this correct, the issue is that they have charged me the penalty (£120, discounted to £60 for 14 days) and also asked me to pay the initial £9 fee for entering the zone, and asked for this sum together £69/£129 when they should only be charing me the penalty at this point?

2
The only way to potentially avoid paying it is to register an appeal at the Traffic Penalty Tribunal, on the basis that asking for payment of the CAZ toll, as well as the PCN penalty is unlawful as there are no powers in the CAZ regulations that allow this.

Needless to say, if you do this, then the full PCN penalty would be in play, (£120)

I noticed another thread from 2023 for the exact same violation on the exact same road had @cp8759 reply this, I was wondering if this course of action is still possible. His post was as follow;

EDIT: Oh, the number to call has changed from an 0870 number, I guess this isn't possible anymore.

---


Make representations online via the council website, we don't want to risk any issues with the post. Here's a draft:

Dear Bristol City Council,

I challenge liability 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 a demand that exceeds the amount due in the circumstances of the case.

It follows that the PCN must be cancelled.

Yours faithfully

Attach copies of these two cases:
Andrew Young v London Borough of Croydon (2190531198, 27 January 2020)
Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022)

3
I live in Wales but travel to bristol regularly as I used to live there and have friends there. I usually use Waze maps app when travelling outside of my home town, as it avoids ULEZ and CAZ type zones automatically. This particular day I must have defaulted to google maps and not realised. The route google maps choose takes you just inside the CAZ for all of about half a mile and straight back out. My route is really nowhere near the centre.

They sent me the PCN notice with a single day to spare before the 28 days period of notice ran out, so i'm not sure I have any recourse here, but £69 is not a small sum for my current situation and if there's any way of avoiding this, i'll happily take it.

https://imgur.com/a/NKFIGMD

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