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Messages - croatoan

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1
Thanks for both of your responses. The course outcome actually sounds quite fair. I definitely don't want to experience court attendance. So I hope I will be lucky to get the "general" outcomes.

2
Dear all, I have held my full UK driving license for ~10 years. I exchanged my EU one when I first came here to do my BSc, but this is actually the first time I ever have to deal with a traffic offence in this country.

Upon receipt of the NIP today, I went to https://www.avonandsomersetpas.co.uk/ to check the photos and all info about the alleged offence. However, the website tells me that basically all clicks and button presses are recorded, which stressed me out, so I decided to sit on my hands before I research this matter, to avoid causing myself any harm. It seems the process is a lot more different and complicated than back home, where we just get a cheque to pay...

So I did some googling and read the "read this first" post, and here I am.


As such, I have not yet seen the photos. Below I provide the information that based on my search seem relevant and I ask for guidance on the best course of action and indication on what to expect in terms of payable fines and points.

This is the location, where a dual carriageway goes from 70-40-30 as the road gets narrower (and vice versa in the opposite direction). I suspect I started accelerating too soon, or maybe started slowing down too late.

I am the RK of the car and between my partner and I, I was the one driving (as far as I best remember).

I have no income in the UK, but I do have a ~20k PhD scholarship stipend which is untaxable and do not count as income for the purpose of banks (I don't know if this counts as income for the police in this case). I am also PT employed in my home country, I do a few hours of remote work to support my studies, this accounts to £7-800 a month depending on exchange rates.

I never had any points on my UK licence nor my EU licence since I obtained it in 2011. I just have a PCN (which ironically happened recently, as we say trouble never comes solo...)

As I understand I have to submit the driver details within 28 days. Then I will either plead guilty on the follow up form and accept some fixed fine or I will have to appear in court.

Wishful thinking here, but is there any chance I could get off with a warning as a first time offender (this is often the case back home), or at least not receive points [thinking of my insurance here] ( plead for the speed awareness course?) ? 

What are the possible outcomes in either case? (going to court vs. pleading guilty beforehand)

Thanks in advance.

3
So they sent a response within a day, dismissing my appeal for both grounds.

Copy paste from the pdf below:

Thank you for your representations made in respect of the above Penalty Charge Notice (PCN)
dated 09/03/2026 which was served on the above vehicle for the contravention: Code 17J - Using
a vehicle within a Clean Air Zone without paying the charge - camera enforcement.
We have considered everything stated in the representation but do not consider that sufficient
grounds have been presented for cancelling the PCN.

Only vehicles that meet the emissions criteria are permitted to enter Bristol’s Clean Air Zone (CAZ)
without payment of the daily charge. Your non-compliant vehicle was observed within the CAZ at
the above location without payment of the required daily charge. For future reference, you can
check whether your vehicle is compliant or not prior to entering the CAZ using the Government’s
Drive in a Clean Air Zone Service at www.gov.uk/clean-air-zones.

We have rejected your representation for the following reasons:
 The CAZ is in operation 24 hours a day 7 days a week.
 The CAZ is clearly signed on entrance and exit of the zone (please see below photographs
of example signage).
 All signage complies with current legislation and has been approved by the Department for
Transport.
 It is the responsibility of the driver to take note of any signage/instructions that are in place
on the highway.
 Unfortunately, you have provided no acceptable reason or evidence why the non-compliant
vehicle in question entered the CAZ without payment of the required daily charge.

The Penalty Charge Notice states that the Penalty Charge is £120 (£60 if paid within 14 days) plus
the £9 CAZ daily charge. The Road User Charging Scheme Regulations 2013 states that a
“charging scheme is to specify whether a penalty charge... is payable in addition to the road user
charge or instead of such charge”. The Bristol Clean Air Zone Charging Order states “A penalty
charge will be payable, in addition to the charge imposed under article 7, for each [contravention]”.
Furthermore the £9 charge is expressed as an additional and separate amount to the Penalty
Charge and is clearly identified as the Tariff Charge on the Penalty Charge Notice. Bristol City
Council is of the opinion that recovery of the Clean Air Zone Tariff charge via the Penalty Charge
Notice is lawful and does not represent a failure to observe a statutory or regulatory requirements.

We note your comments of not having received your PCN within 28 days of the contravention,
however The Transport Act of 2000, which provides the enforcement basis for the Bristol City
Clean Air Zone, does not impose a time limit for when a PCN must be served by, but in the
interests of motorist the Charging Authorities have decided on a cut off period of 6 months after the
date of contravention.

This letter is served on you as a formal Notice of Rejection under the Transport Act 2000, The
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England)
Regulations 2013 and the Bristol Clean Air Zone Charging Order 2022.




4
Thanks for both of you. Here is a draft I put together based on this and the other posts and some googling, could you please check if this is sound:


I make representations against the above Penalty Charge Notice BS66298164 on the ground that there has been a procedural impropriety on the part of the enforcement authority.


1. The PCN unlawfully demands payment exceeding the penalty charge, where the PCN states:

* “The amount due is the PCN charge plus the CAZ daily charge”
* “The amount due is currently £69”
* Payment options of £69 (discounted) and £129 (full amount)

These statements demonstrate that the PCN **requires payment of a sum comprising both the penalty charge and the Clean Air Zone (CAZ) daily charge**.

Under the **Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013**, a Penalty Charge Notice may require payment of a **penalty charge only**. There is no provision within the Regulations that permits the enforcement authority to demand payment of the underlying road user charge within the PCN itself.

The CAZ daily charge is a **separate liability**, arising under the charging scheme, and is not part of the statutory penalty.

By stating that “the amount due” includes both elements, and by presenting combined figures (£69 / £129), the PCN:

* Purports to require payment exceeding the penalty charge;
* Misstates the legal basis of liability;
* Fails to correctly convey the recipient’s obligations under the statutory scheme.

This renders the PCN **non-compliant with the requirements of Regulation 7** and amounts to a procedural impropriety.

In addition, I direct the authority to Case number IA01249-1803 dated 22nd March 2018 in front of Caroline Shephard, Chief Adjudicator, Traffic Penalty Tribunal, where the decision highlights:

"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."


2. The PCN was served outside the statutory period

The PCN states:

* Date of contravention: 07/02/2026
* Deemed date of service: 11/03/2026

This represents a period of 33 days between the date of contravention and the date of service.

Regulation 10 requires that a PCN be served within 28 days beginning with the date of the contravention.



For the reasons set out in grounds 1 and 2 above, the PCN is not compliant with the statutory requirements and cannot be enforced.

I therefore request that the Penalty Charge Notice be cancelled.



Yours faithfully,

5
I can't say exactly, was away for a week. I found the letter yesterday when we got home. Yes, it is the V5C address.

6
Yes, it is addressed to me. The vehicle is mine, V5 is on my name.

What does it mean if the PCN is "out of time"?

I am attaching pages 3-4 below.

Thanks.






7
I was recently caught out when visiting Bristol as part of my path went through a slice of the CAZ I was unaware of. I know I should have checked before hand, now I know better, but I live in the country so these restrictions are not typical for me, and my car has been compliant at other locations I have visited (and normally google maps is reliable in warning me...).

While trying to find information about this PCN I came across some posts (e.g. this and this) from a couple years ago, which argue that it is not lawful for the PCN to ask for both a penalty charge AND the daily CAZ charge at once, and this can be appealed for a dismissal. However, I could not find anything newer, and I was hoping someone could clarify if this is still worth appealing, and whether there are more up to date points/cases I should refer to. Also, this page states they can ask for the daily charge "in some cases".

PCN front:


PCN rear:

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