DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 2510--------------------------------------------------
PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: student.223
Date: August 3, 2023, 6:27 am
---------------------------------------------------------
Hello,
I have received a PCN for Birmingham's CAZ on Summer Hill Road.
I am hoping to appeal but just wanted to check here first if it
is worth appealing or not.
The simple story is that my sister might have lung cancer. At
that time she was in hospital (in Birmingham). We had been told
on the Tuesday that she might have lung cancer, and I had gone
to see her on Wednesday.
My mum was also in hospital at the same time (in Blackburn) and
I was looking after her. I live in Manchester, study in Bolton,
and have my own family too. So I was running around everywhere
and not coping at all. It was an extremely unusual and difficult
time for me.
So I completely forgot to check/pay.
Do I stand a chance? Is it worth appealing?
I would truly be grateful for the guidance. Thank you.
[attachment deleted by admin]
#Post#: 2547--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: student.223
Date: August 3, 2023, 7:48 pm
---------------------------------------------------------
Images of the PCN
Front
HTML https://ibb.co/YB5tB4n
Back
HTML https://ibb.co/NVfVH0H
#Post#: 2646--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: ivanleo
Date: August 5, 2023, 12:48 pm
---------------------------------------------------------
It sounds like you have some reasonably compelling mitigation
and I'm minded to say you should put it to the authority.
However we know Birmingham does not extend the discount for CAZ
cases, meaning that if you make representations and they reject,
they will demand the full penalty.
That being said if they do that, there is then no further cost
to appeal to the Traffic Penalty Tribunal, and to date
Birmingham Council has not contested any of the appeals where
I've acted as a representative.
If you want to challenge the PCN, I think we could put something
reasonably compelling together.
#Post#: 2667--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: student.223
Date: August 5, 2023, 5:25 pm
---------------------------------------------------------
Thank you for your response. I really appreciate it. :)
I have begun to draft the appeal.
I can also get hold of the hospital discharge notes for my mum
and my sister. Not sure if I should include or mention them in
the appeal...
#Post#: 2716--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: ivanleo
Date: August 6, 2023, 8:54 am
---------------------------------------------------------
Put your draft on here and we'll check it over for you.
#Post#: 2798--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: student.223
Date: August 7, 2023, 5:08 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> Put your draft on here and we'll check it over for you.
>
--- End Quote ---
Thank you. Please see below. I know its quite long-winded so I
would be grateful for the guidance on it.
I live in Manchester. I am a student (I study in Bolton), a
teacher (I work in Manchester), and a mum to two children (they
go to school in Bolton).
Since February this year my sister (who lives in Birmingham)
began developing symptoms which only became worrying when they
persisted.
After many doctor visits over 5 months, she was referred for a
chest x-ray.
On Saturday 8th July, when my sister went for the x-ray, she was
sent straight to A&E.
That same evening my mum (who lives in Blackburn) became
suddenly quite ill with signs of sepsis. When I took her to A&E,
they kept her in.
I returned home to Manchester on Sunday evening due to my heavy
commitments, but I continued going to Blackburn to look after my
mum.
Those days were a crazy mad haze of travel, fatigue, distress,
hunger, and complete madness. I was feeling overwhelmed.
On the Birmingham side my sister had a CT scan, MRI, and other
tests; all of which proved inconclusive.
On Monday 10th July, the consultant looking after my sister
advised there was a possibility of lung cancer, and also the
possibility of TB.
After getting this news, my sister became very distressed (as
did we) because of the possibility of cancer, so I went to visit
her the next day (Tuesday 11th July). I spent one hour with her
and then went to Bolton to collect my children from school. I
then returned to Manchester for work, and then spent the evening
trying to catch up on everything.
In all of the chaos and running around that week, I completely
forgot to pay the CAZ charge. And because the CAZ is not a part
of my day-to-day life, it is something unusual and different for
me, so it did not automatically come to mind - as it would have
if I was regularly encountering a CAZ.
And those days with both members of my family in hospital, and
my sister potentially having lung cancer, was a time of sheer
madness and complete chaos. It was an extremely distressing and
unusual time for us all and I was barely coping.
Additionally, due to my mum’s condition, she had to wear
nappies, and due to the hospital being so busy, my mum was going
without a change for many hours. Therefore, I was fitting in
hospital visits into my day to help my mum.
My normal routine is crazy but this hit a totally different
level of crazy. And in all of that, I truly and genuinely forgot
to pay. Otherwise, I am not a fare dodger and I have no issue
paying my dues.
Therefore, I humbly request you to please re-consider your
original decision, and for you to cancel the PCN.
I have the discharge notes for my mum and my sister if required.
#Post#: 2816--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: student.223
Date: August 7, 2023, 7:41 am
---------------------------------------------------------
--- Quote from: student.223 link ---
>
> [quote author=cp8759 link=topic=314.msg2716#msg2716
date=1691330056]
> Put your draft on here and we'll check it over for you.
>
--- End Quote ---
Thank you. Please see below. I know its quite long-winded so I
would be grateful for the guidance on it.
I live in Manchester. I am a student (I study in Bolton), a
teacher (I work in Manchester), and a mum to two children (they
go to school in Bolton).
Since February this year my sister (who lives in Birmingham)
began developing symptoms which only became worrying when they
persisted.
After many doctor visits over 5 months, she was referred for a
chest x-ray.
On Saturday 8th July, when my sister went for the x-ray, she was
sent straight to A&E.
That same evening my mum (who lives in Blackburn) became
suddenly quite ill with signs of sepsis. When I took her to A&E,
they kept her in.
I returned home to Manchester on Sunday evening due to my heavy
commitments, but I continued going to Blackburn to look after my
mum.
Those days were a crazy mad haze of travel, fatigue, distress,
hunger, and complete madness. I was feeling overwhelmed.
On the Birmingham side my sister had a CT scan, MRI, and other
tests; all of which proved inconclusive.
On Monday 10th July, the consultant looking after my sister
advised there was a possibility of lung cancer, and also the
possibility of TB.
After getting this news, my sister became very distressed (as
did we) because of the possibility of cancer, so I went to visit
her the next day (Tuesday 11th July). I spent one hour with her
and then went to Bolton to collect my children from school. I
then returned to Manchester for work, and then spent the evening
trying to catch up on everything.
In all of the chaos and running around that week, I completely
forgot to pay the CAZ charge. And because the CAZ is not a part
of my day-to-day life, it is something unusual and different for
me, so it did not automatically come to mind - as it would have
if I was regularly encountering a CAZ.
And those days with both members of my family in hospital, and
my sister potentially having lung cancer, was a time of sheer
madness and complete chaos. It was an extremely distressing and
unusual time for us all and I was barely coping.
Additionally, due to my mum’s condition, she had to wear
nappies, and due to the hospital being so busy, my mum was going
without a change for many hours. Therefore, I was fitting
hospital visits into my day to help my mum.
My normal routine is crazy but this hit a totally different
level of crazy. And in all of that, I truly and genuinely forgot
to pay. Otherwise, I am not a fare dodger and I have no issue
paying my dues.
Therefore, I humbly request you to please re-consider your
decision, and for you to cancel the PCN.
I have the hospital discharge notes for my mum and sister if
required.
[/quote]
#Post#: 2849--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: ivanleo
Date: August 7, 2023, 1:42 pm
---------------------------------------------------------
That's an excellent draft, but scrap this:
[indent]
I have the hospital discharge notes for my mum and sister if
required.
[/indent]
Instead, upload all the paperwork you have and change that line
to:
[indent]
I attach the hospital discharge notes for my mum and my sister.
[/indent]
The reason being that it's up to you to put your best case
forwards, it's not up to the authority to come back to you
asking for more.
#Post#: 2857--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: student.223
Date: August 7, 2023, 2:43 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> That's an excellent draft, but scrap this:
>
> [indent]
> I have the hospital discharge notes for my mum and sister if
required.
> [/indent]
>
> Instead, upload all the paperwork you have and change that
line to:
>
> [indent]
> I attach the hospital discharge notes for my mum and my
sister.
> [/indent]
>
> The reason being that it's up to you to put your best case
forwards, it's not up to the authority to come back to you
asking for more.
>
--- End Quote ---
Thank you very much. Will do that and submit.
Thanks for your help
Will update 👍
#Post#: 6117--------------------------------------------------
Re: PCN Birmingham Clean Air Zone Summer Hill Road (Inbound)
DIR By: student.223
Date: September 26, 2023, 9:36 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> That's an excellent draft, but scrap this:
>
> [indent]
> I have the hospital discharge notes for my mum and sister if
required.
> [/indent]
>
> Instead, upload all the paperwork you have and change that
line to:
>
> [indent]
> I attach the hospital discharge notes for my mum and my
sister.
> [/indent]
>
> The reason being that it's up to you to put your best case
forwards, it's not up to the authority to come back to you
asking for more.
>
--- End Quote ---
I just received an email letter advising they have rejected my
appeal (really they have accepted it) but have applied
discretion and that I now have a chance to pay the initial CAZ
fee of £8, which I have now paid.
I just wanted to say thank you very very much for giving me the
confidence to appeal, for checking my appeal and for advising me
to attach the hospital documents. I feel like if I hadn't, they
would have just rejected my appeal completely.
All in all I felt very supported by you and much more confident
appealing knowing you had my back.
I truly appreciate it.
Notice of Rejection
Page 1:
HTML https://ibb.co/qnbFZCD
Page 2:
HTML https://ibb.co/52cJLZW
Page 3:
HTML https://ibb.co/LNSFHd3
Page 4:
HTML https://ibb.co/k4Jvr9r
Page 5:
HTML https://ibb.co/3csSjqP
*****************************************************
Page 1 of 3
DIR Next Page