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Bradford CAZ: PCN issued before the scheme started

Bradford's Clean Air Zone (CAZ) only became enforceable on 26 September 2022. Any penalty charge notice (PCN) issued for an alleged offence that took place before that date was issued without legal authority. If your PCN relates to a date before 26 September 2022, the council had no power to issue it.

Legal basis

Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 (S.I. 2013/1783) regulation 8(3)(e) — representations that "no road user charge or penalty charge is payable under the charging scheme" — with regulation 8(2) allowing 28 days from service; Transport Act 2000 Part III; the Bradford Clean Air Zone Order and the council's published commencement notice, which set the date the scheme became enforceable.

How to identify this in your case

Bradford CAZ PCN with contravention date before 26 September 2022.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

To: Bradford Council CAZ Team Re: CAZ PCN [PCN_NUMBER] — Date [DATE] Bradford CAZ enforcement commenced on 26 September 2022. The contravention date is before commencement. PCN ultra vires. Please cancel. Yours faithfully, [Keeper Name]

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Sources

  • Bradford CAZ Order

Related appeal grounds

Next steps

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