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#Post#: 24028--------------------------------------------------
Re: Clean Air Zone PCN's, Code 17J, A4 Bath Road, Bristol City
Council
DIR By: ivanleo
Date: May 27, 2024, 10:45 am
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[member=2]mdann52[/member] I would drop points 1 and 2, as
they're unnecessarily self-incriminating (and you don't want to
make the council's case for them) and the comparison to London
is incorrect. I would go with something much simpler and to the
point:
[indent]
Dear Bristol City Council,
I challenge liability on the ground that no road user charge or
penalty charge is payable under the charging scheme. In any
event the penalty demanded on the face of the notice exceeds the
amount due by law, this is because regulation 7(3)(f) does not
allow the council to demand any amount over and above the
penalty charge.
It follows that the penalty must be cancelled.
Yours faithfully,
[/indent]
Send this online and keep a screenshot of the confirmation page.
#Post#: 24036--------------------------------------------------
Re: Clean Air Zone PCN's, Code 17J, A4 Bath Road, Bristol City
Council
DIR By: mdann52
Date: May 27, 2024, 11:07 am
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I believe you meant to tag [member=1812]foybles[/member], not
myself!
#Post#: 24039--------------------------------------------------
Re: Clean Air Zone PCN's, Code 17J, A4 Bath Road, Bristol City
Council
DIR By: ivanleo
Date: May 27, 2024, 11:12 am
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Yes I did!
#Post#: 32054--------------------------------------------------
Re: Clean Air Zone PCN's, Code 17J, A4 Bath Road, Bristol City
Council
DIR By: foybles
Date: August 3, 2024, 2:20 am
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Hello again,
My PCN challenge has been rejected. I tried attaching a photo of
the rejection letter but received an error message on the forum
website "upload folder full" so I've copied the rejection points
from the letter here:
- 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.
Bristol council has not responded on my challenge on the
legality of the PCN penalty/CAZ fee combination. Except from my
challenged copied below for reference.
"3. Incorrect Penalty Charges:
Each PCN issued to us includes a £60 penalty charge plus the
additional £9 daily CAZ charge. According to The Road User
Charging Scheme (Penalty Charges, Adjudication and Enforcement)
(England) Regulations 2013, the road user charge should not be
combined with the penalty charge. This discrepancy suggests that
the PCNs may be invalid, as it is not lawful to impose both the
penalty and the daily charge in this manner."
It feels like although I have challenged Bristol council on the
legality to impose both PCN & CAZ, they have completely ignored
this challenge. Should I accept my challenge being ignored & pay
the 2x PCN's plus the 2x CAZ charges or persist with getting
Bristol council to acknowledge my challenge.
Any advice would be very welcome.
Thanks
Kevin
#Post#: 32087--------------------------------------------------
Council ignored CAZ PCN challenging point. Challenge rejected on
other grounds.
DIR By: foybles
Date: August 3, 2024, 7:34 am
---------------------------------------------------------
My PCN challenge has been rejected. I've copied the rejection
points from the letter here:
- 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.
Except from my challenged copied below for reference.
Incorrect Penalty Charges:
Each PCN issued to us includes a £60 penalty charge plus the
additional £9 daily CAZ charge. According to The Road User
Charging Scheme (Penalty Charges, Adjudication and Enforcement)
(England) Regulations 2013, the road user charge should not be
combined with the penalty charge. This discrepancy suggests that
the PCNs may be invalid, as it is not lawful to impose both the
penalty and the daily charge in this manner."
It seems as although I have challenged Bristol council on the
legality to impose both PCN & CAZ, they have completely ignored
this challenge. Should I accept my challenge being ignored & pay
the 2x PCN's plus the 2x CAZ charges or persist with getting
Bristol council to acknowledge my challenge.
Any advice would be very welcome.
#Post#: 32091--------------------------------------------------
Re: Council ignored CAZ PCN challenging point. Challenge
rejected on other grounds.
DIR By: H C Andersen
Date: August 3, 2024, 8:00 am
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Pl post the exact notices and correspondence, not extracts. And
leave in dates but redact personal info.
Also, who is 'us'?
Are you, a private individual, the registered keeper or is it a
company or perhaps hired or..?
The options on receipt of a Notice of Rejection are fight or
flight AKA pay or appeal. Continuing a dialogue with the
authority is not an option.
As regards the law, IMO this is clear.
May the council recover the CAZ 'charge' from the keeper? Yes.
May they recover it using the 'penalty charge' procedure? No.
What constitutes the 'penalty charge' is specified clearly in
their order and it does not include the CAZ 'charge'.
#Post#: 32096--------------------------------------------------
Re: Council ignored CAZ PCN challenging point. Challenge
rejected on other grounds.
DIR By: foybles
Date: August 3, 2024, 8:54 am
---------------------------------------------------------
Thank you.
I’m not able to upload a copy of the letter as I received an
error message saying “upload folder full” hence the extract.
I’ve tried many times to upload without success.
The “us” referred to myself & my passenger, I am the registered
private keeper. I received 2 notices, going into Bristol & out
the following day.
I just feel it’s wrong to entirely ignore my challenge on one of
the points I made & feel for that reason more motivated to
fight. The PCN of £60 & CAZ charge of £9 are shown as £69 plus
itemised separately on the same demanded letter.
#Post#: 32098--------------------------------------------------
Re: Council ignored CAZ PCN challenging point. Challenge
rejected on other grounds.
DIR By: ManxTom
Date: August 3, 2024, 8:59 am
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--- Quote from: foybles link ---
>
> Thank you.
>
> I’m not able to upload a copy of the letter as I received an
error message saying “upload folder full” hence the extract.
I’ve tried many times to upload without success...
>
--- End Quote ---
Did you read the instructions here before posting?
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
(There's a clue in the thread title...)
#Post#: 32105--------------------------------------------------
Re: Council ignored CAZ PCN challenging point. Challenge
rejected on other grounds.
DIR By: John U.K.
Date: August 3, 2024, 9:14 am
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Is this a continuation of your existing thread?
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/clean-air-zone-pcn's-code-17j-a4-bath-road-bristol-city-council/msg23496/#msg23496
If so ask a mod to merge.
You really must try to post the docs. Read the read me first
guide
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/,<br
/>try using Imgur or ibb.co.uk and posting the BBCodes here.
#Post#: 32112--------------------------------------------------
Re: Council ignored CAZ PCN challenging point. Challenge
rejected on other grounds.
DIR By: foybles
Date: August 3, 2024, 10:15 am
---------------------------------------------------------
Thanks. Yes it’s a continuation of the thread. I thought I could
upload by started a new thread. I could upload documents before.
I’ve tried small file sizes & different foc types. I will ask to
merge.
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