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#Post#: 2776--------------------------------------------------
Bristol clean air zone charge
DIR By: Riz101
Date: August 6, 2023, 6:28 pm
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Council name: Bristol
The alleged contravention: passed through clean air zone, paid
the amount for 12th May but car was captured by camera on 13th
May, travelled closed to midnight and incorrectly thought that I
passed the city on 12th May.
Location
Details:
I had travelled to Bristol airport from Oxon and I firmly
believed that I had passed through the clean air zone on return
on 12th May close to the midnight, hence I had paid the charge
for 2 days that included 7th (going to airport) and 12th May
(coming back from airport), Considering it was late at night I
had misjudged the time, not realising the date had changed to
13th May and I paid the fee for 2 days i.e. 7th and 12th May few
days later but within the allowed time period.
On 13th June I received a penalty notice that I had passed
through the zone on 13th May and did not pay the fee.
When I realised what had happened, I wrote to the council
explaining that I had passed through the zone on 2 days but the
date for for second day was wrong, so please consider the fee
paid on 12th May as a substitute of 13th May and also apologised
for the mistake.
However, the council has rejected my response and written back a
letter which is attached.
In view of this, should I appeal to the Traffic Penalty
Tribunal? I had passed through 2 days and I have paid the fee
for 2 days but only one out of the two date was wrong due to a
mistake considering my return from the airport was so close to
the mid night. If I appeal it then my penalty will be increased
from £60 to £120.
Thanks for the help in advance.
Regards.
[attachment deleted by admin]
#Post#: 2777--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: Riz101
Date: August 6, 2023, 6:29 pm
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Response page 1
[attachment deleted by admin]
#Post#: 2778--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: Riz101
Date: August 6, 2023, 6:30 pm
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Response page 2
[attachment deleted by admin]
#Post#: 2782--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: ivanleo
Date: August 6, 2023, 6:58 pm
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The grounds you argued at the representations stage are
mitigation, but do not amount to a statutory ground of appeal.
That means they are grounds that the council can accept or
reject, but they're not grounds the tribunal has any
jurisdiction over.
If you'd come here first, we would have advised you to use this
argument
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-clean-air-zone-pcn-17j-a4-ring-road-hotwell-road-(caz0001)-(route-to-bri/msg974/#msg974,<br
/>but you've not missed the boat as new arguments can be
advanced
at the tribunal stage.
In this instance what I'd be minded to do is use your initial
representations as an invitation to the council not to contest,
and put the 0870 point in as the statutory ground of appeal.
This gives the council a chance to save face by putting it down
to a discretionary cancellation.
Needless to say, this is not an approach that's really suitable
for a DIY appeal but I'm happy to represent you at the tribunal
if you wish.
#Post#: 2794--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: guest303
Date: August 7, 2023, 4:29 am
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Bristol council,,, "Don't poison our young children with your
toxic exhaust gas!".
Motorist,,, "I have money I can give you".
Bristol council,,, "why didn't you say so sir, please feel free
to drive around our manor and poison the little bar stewards at
you leisure".
#Post#: 2801--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: Riz101
Date: August 7, 2023, 5:53 am
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That's not the case sir, I went to Bristol to take a flight and
was taken by a surprise that low emission zone has been set up
and the only way out was to pay the charge.
If I had too much money then I would prefer to buy a low
emission car or an EV.
Anyways, need help in the situation and would appreciate any
further comments on the original issue.
Thanks.
#Post#: 2802--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: Riz101
Date: August 7, 2023, 5:55 am
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--- Quote from: cp8759 link ---
>
> The grounds you argued at the representations stage are
mitigation, but do not amount to a statutory ground of appeal.
That means they are grounds that the council can accept or
reject, but they're not grounds the tribunal has any
jurisdiction over.
>
> If you'd come here first, we would have advised you to use
this argument
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bristol-clean-air-zone-pcn-17j-a4-ring-road-hotwell-road-(caz0001)-(route-to-bri/msg974/#msg974,<br
/>but you've not missed the boat as new arguments can be
advanced
at the tribunal stage.
>
> In this instance what I'd be minded to do is use your initial
representations as an invitation to the council not to contest,
and put the 0870 point in as the statutory ground of appeal.
This gives the council a chance to save face by putting it down
to a discretionary cancellation.
>
> Needless to say, this is not an approach that's really
suitable for a DIY appeal but I'm happy to represent you at the
tribunal if you wish.
>
--- End Quote ---
Thanks for the comments, may I know somehow, how much it will
cost me?
#Post#: 2808--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: fraser.mitchell
Date: August 7, 2023, 7:04 am
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There is no additional cost in taking them to adjudication, but
the full PCN penalty is in play, the discount option is lost. If
you have already lost the discount, it is a no-brainer to go to
adjudication.
#Post#: 2809--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: ivanleo
Date: August 7, 2023, 7:06 am
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--- Quote from: Riz101 link ---
>
> Thanks for the comments, may I know somehow, how much it will
cost me?
>
--- End Quote ---
Appealing doesn't cost anything.
#Post#: 2838--------------------------------------------------
Re: Bristol clean air zone charge
DIR By: Riz101
Date: August 7, 2023, 11:19 am
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--- Quote from: cp8759 link ---
>
> [quote author=Riz101 link=topic=343.msg2802#msg2802
date=1691405750]
> Thanks for the comments, may I know somehow, how much it will
cost me?
>
--- End Quote ---
Appealing doesn't cost anything.
[/quote]
Yes aware of that but just wanted to clarify the comment earlier
"but I'm happy to represent you at the tribunal if you wish."
Thanks!
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