DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 20676--------------------------------------------------
Re: Bristol City Council - CAZ - A4 Hotwell Road CAZ0001
DIR By: slapdash
Date: April 26, 2024, 4:58 am
---------------------------------------------------------
[member=139]Tiggerbits[/member]
It's not intuitive.
The regulations are clear that they are entitled to demand the
£9. And thus your view is a reasonable one.
But the issue is the regulations which allow the penalty are
explicit in what must be on a penalty charge notice. It doesn't
include the £9.
They can send you an invoice and sue you for the £9.
It may be a reasonble view that asking you for it via the pcn
seems pragmatic, but it doesn't make it right.
They have so far always backed down. I would like to see a case
go to tribunal solely on this narrow point. If the discount were
gone there would be nothing to lose.
#Post#: 20679--------------------------------------------------
Re: Bristol City Council - CAZ - A4 Hotwell Road CAZ0001
DIR By: Grant Urismo
Date: April 26, 2024, 5:11 am
---------------------------------------------------------
I agree that the tribunal route is the way to go, an adjudicator
is unlikely to go out of their way to disagree with their own
logic from 2018.
Having said that, I'm a contrarian type, so I wondered about
using their own logic against them by paying the £69 then
demanding the £60 back because they've now accepted payment of
the £9. This ought to work if the penalty is for non-payment,
but not if it's for late payment. The order itself ("Bristol
Clean Air Zone Charging Order 2022" I think) is unclear which is
the case, section 11 (1) says says the penalty is "A penalty
charge will be payable.... [when] ...that charge has not been
paid in full in the manner in which and within the time by which
it is required..." but the section heading is "Penalty charge
for non-payment of charge"
I did fid something else interesting though, Section 9 (4) of
the Bristol Clean Air Zone Charging Order 2022 states:
"(4) A licence may only be purchased—
(a) on the charging day concerned;
(b) on any of the first six charging days immediately following
that charging day; or
(c) on a day falling within a period of six charging days
immediately preceding that
charging day"
... so if you do go to the tribunal you could point out that
Bristol's own order doesn't allow them to accept late payments.
#Post#: 20704--------------------------------------------------
Re: Bristol City Council - CAZ - A4 Hotwell Road CAZ0001
DIR By: slapdash
Date: April 26, 2024, 8:14 am
---------------------------------------------------------
To my simple view that feels like another string of "penalty
exceeds".
#Post#: 20922--------------------------------------------------
Re: Bristol City Council - CAZ - A4 Hotwell Road CAZ0001
DIR By: ivanleo
Date: April 28, 2024, 5:19 pm
---------------------------------------------------------
[member=139]Tiggerbits[/member] it seems to me that Caroline
Sheppard's reading of the regulations is correct, and if the
council wants the £9 charge they can ask but they cannot demand
payment of the £9 charge as part of the PCN process. They can
send you an invoice and if you don't pay, they can sue you in
the county court small claims track.
I'm going to drop you a PM in case you'd like to be represented.
#Post#: 20957--------------------------------------------------
Re: Bristol City Council - CAZ - A4 Hotwell Road CAZ0001
DIR By: Tiggerbits
Date: April 29, 2024, 3:30 am
---------------------------------------------------------
Hi all,
Just a quick reply for now. Thank you for your input. I'll have
a full read and digest what has been said.
*****************************************************
Page 2 of 2
DIR Previous Page