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#Post#: 70724--------------------------------------------------
Birmingham CAZ PCN - Frank Road
DIR By: george74
Date: May 9, 2025, 1:01 pm
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PCN: KW35548833
Reg: DE61CYH
Date of contravention: 24/03/2025
Friend forgot to pay CAZ fee and received a PCN. He appealed (no
real grounds to be honest) and it was rejected.
A bit annoying with Birmingham but they do not pause the
discount period. My friend received the rejection on 09/04, but
it went to spam and he didn't see it until 10/04. 09/04 was the
last day to pay the discounted. He also received the physical
letter on 13/04.
He gave enforcement team a ring who said to appeal again and
attach evidence that it was in spam.
This was rejected again but the reasons just cited the same as
before, and made no reference to the email going to spam or that
he was advised by the enforcement team to re appeal.
Since they won't re-offer the discount he is taking it to
tribunal.
His defense is quite weak, not much to go on, but I am wondering
if ignoring the second appeal and the fact the enforcement team
advised him to do the re-appeal will help? I mean he'd be fine
to pay the discount at least.
#Post#: 70736--------------------------------------------------
Re: Birmingham CAZ PCN - Frank Road
DIR By: fraser.mitchell
Date: May 9, 2025, 2:03 pm
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Forget the discount; t he period for its payment is passed. If
they're not re-offering it, then it is a total no-brainer to
appeal to the TPT, but on what basis ? I would suggest the
council have failed in their duty of fairness, as there seems no
argument about the contravention itself.
However, in the absence of any documents at all, it's difficult
to give meaningful advice.
#Post#: 70743--------------------------------------------------
Re: Birmingham CAZ PCN - Frank Road
DIR By: george74
Date: May 9, 2025, 3:39 pm
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I have asked my friend to send his appeal and rejection.
Is being fair good enough? The whole not freezing the discount
period seems unfair already but wouldn't be a valid argument I
think.
I can only really say they advised my friend to re-appeal only
to give the same rejection, emphasising the discount period is
not paused, but then what was the point of the enforcement team
advising him to re-appeal. But this seems weak.
Regardless, it's gone to tribunal already (no hearing yet).
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