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#Post#: 45813--------------------------------------------------
Bristol CC PCN Using vehicle within CAZ without paying charge
CAZ0033 A4 Bath Road (CHARGE CERTIFICATE STAGE)
DIR By: Quiller
Date: November 16, 2024, 6:49 am
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Hi
On 22 July, 24 I was driving from Devon to the Lake District and
got diverted from the M5 due to an accident so ended up going
through Bristol. I had no idea I'd gone through a CAZ and I
didn't see any signs probably because I was trying to find signs
to find my way out of Bristol and back to the M5!
Roll forward to 24th Sept and I received the attached letter
from Bristol CC stating they had recently tried to contact me
and had not received any response or correspondence from me
regarding a PCN and I now owe them £129 plus I had lost my right
to submit a representation.
I never received said letter/PCN so this was a big shock to me.
All my vehicle/address details are up to date with DVLA etc and
I haven't moved recently.
Annoyed but wanting to rectify things asap and not knowing this
forum existed, I emailed the council (email chain attached) this
is where I may have made a mistake. I've highlighted the
original message I sent in yellow but the gist is I said I
hadn't received any correspondence from them until now and was
happy to pay the £9 CAZ charge and wanted to see if I could get
the £129 reduced for that reason. I got an email back saying
they were putting my PCN on hold and the charge will remain
frozen until they had chance to look at my correspondence.
On 23rd Nov 24, I received a second letter attached stating they
had sent a PCN or Notice to owner on 13 August 2024, (I never
received this). They said this letter gave me the option to
provide formal representation within 28 days but that period has
now passed so I can't do this anymore.
Having found this forum, I read about how this all works and
thought I have a case to file a witness statement so chose to
wait for a Charge Certificate which has arrived, the fee now
being £180 + the £9 CAZ Charge. As I understand I now have to
wait for the Order of Recovery where I can submit a Witness
Statement.
My plan is to submit a WS on the following grounds:
1. I didn't receive the original PCN from 13th August.
2. Based on a case I found on this forum; the PCN is unlawful
because it is demanding the CAZ toll in addition to the penalty
charge. This is unlawful; under the Road User Charging
regulations, a PCN can only request the penalty charge and
nothing else.
3. Their letter to you is unlawful because it is outside the
process defined in law. This defines exactly what a council can
send to a PCN recipient.
If someone can give me a bit of guidance that would be great as
I don't want to mess this up by missing something, i.e does my
approach sound about right or am I better just paying the £189
and be done with this?!
Many thanks
[attachment deleted by admin]
#Post#: 45829--------------------------------------------------
Re: Bristol CC PCN Using vehicle within CAZ without paying
charge CAZ0033 A4 Bath Road (CHARGE CERTIFICATE STAGE)
DIR By: fraser.mitchell
Date: November 16, 2024, 9:46 am
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You are correct about submitting a Witness Statement when they
register the debt with TEC and send out an Order for Recovery.
However, all you need do on the form is tick the box for "I did
not receivd the PCN". Nothing else is required and the "Reason"
box can be left blank. Please note when filling in the form,
that you are the "Respondent", the council are the "Applicant".
#Post#: 45895--------------------------------------------------
Re: Bristol CC PCN Using vehicle within CAZ without paying
charge CAZ0033 A4 Bath Road (CHARGE CERTIFICATE STAGE)
DIR By: Quiller
Date: November 17, 2024, 9:56 am
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Thanks for the reply, are you saying don't include anything else
I've stated above in the Witness Statement, just tick the box
and that's all?
--- Quote from: Incandescent link ---
>
> You are correct about submitting a Witness Statement when they
register the debt with TEC and send out an Order for Recovery.
However, all you need do on the form is tick the box for "I did
not receivd the PCN". Nothing else is required and the "Reason"
box can be left blank. Please note when filling in the form,
that you are the "Respondent", the council are the "Applicant".
>
--- End Quote ---
Thanks
#Post#: 45899--------------------------------------------------
Re: Bristol CC PCN Using vehicle within CAZ without paying
charge CAZ0033 A4 Bath Road (CHARGE CERTIFICATE STAGE)
DIR By: fraser.mitchell
Date: November 17, 2024, 10:55 am
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It will be an "in time" witness statement, so no reasons are
required; your address in the V5C is correct, (you received the
Charge Certificate with the council also using the same
address).
Hopefully somebody will soon confirm my posting.
#Post#: 45920--------------------------------------------------
Re: Bristol CC PCN Using vehicle within CAZ without paying
charge CAZ0033 A4 Bath Road (CHARGE CERTIFICATE STAGE)
DIR By: Neil B
Date: November 17, 2024, 1:41 pm
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--- Quote from: Quiller link ---
>
> Thanks for the reply, are you saying don't include anything
else I've stated above in the Witness Statement, just tick the
box and that's all?
>
--- End Quote ---
The form doesn't allow you to do anything else and, as
Incandescent says, you don't need to.
#Post#: 45951--------------------------------------------------
Re: Bristol CC PCN Using vehicle within CAZ without paying
charge CAZ0033 A4 Bath Road (CHARGE CERTIFICATE STAGE)
DIR By: fraser.mitchell
Date: November 17, 2024, 6:37 pm
---------------------------------------------------------
--- Quote from: Neil B link ---
>
> [quote author=Quiller link=topic=3908.msg45895#msg45895
date=1731858987]
> Thanks for the reply, are you saying don't include anything
else I've stated above in the Witness Statement, just tick the
box and that's all?
>
--- End Quote ---
The form doesn't allow you to do anything else and, as
Incandescent says, you don't need to.
[/quote]
Actually, a WS has no box for "Reasons", that is in the other
form, the PE3 Statutory Declaration. My error !! Its absence
certainly makes it easier to fill in the form.
#Post#: 45967--------------------------------------------------
Re: Bristol CC PCN Using vehicle within CAZ without paying
charge CAZ0033 A4 Bath Road (CHARGE CERTIFICATE STAGE)
DIR By: H C Andersen
Date: November 18, 2024, 3:11 am
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OP, this is what it looks like:
HTML https://www.gov.uk/government/publications/form-te9-dart-charge-mersey-gateway-clear-air-zones-challenge-a-traffic-enforcement-order
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