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Civil penalty charge notices (Councils, TFL and so on) / Re: Bristol, Clean Air Zone, PCN x 2, Newfoundland Circus/Coronation Road
« on: June 17, 2023, 03:51:54 pm »Here you go:
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 penalty charge notice includes a premium rate number that generates additional income for the council, this is an unlawful demand that exceeds the amount due in the circumstances of the case.
The High Court ruled in London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) that where an excessive demand is made, the fact that there are other payment methods available is irrelevant and does not make any difference.
The Camden case was applied in similar circumstances in Andrew Young v London Borough of Croydon (2190531198, 27 January 2020) and Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022).
It follows that because an excessive penalty has been demanded, the penalty must now be cancelled.
Yours faithfully,
You'll want to attach these two PDFs with your representation:
Andrew Young v London Borough of Croydon (2190531198, 27 January 2020)
Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022)
Thank you so much. Have a great weekend.