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proceduralUK · England & WalesDifficulty: easy

Tyneside CAZ — LGV charged before enforcement started

The Tyneside Clean Air Zone was switched on in stages. Buses, coaches, heavy lorries and taxis were brought in first, and light goods vehicles (LGVs) were only added later. If your PCN was issued for an LGV before the LGV enforcement phase officially started, the charge cannot be enforced against you.

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 Tyneside Clean Air Zone Order and the phased commencement arrangements made under it, which set the date each vehicle class became chargeable.

How to identify this in your case

LGV PCN with contravention date before the LGV enforcement phase commencement.

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: Tyneside CAZ Team Re: CAZ PCN [PCN_NUMBER] — LGV [VRM] — Contravention [DATE] LGV enforcement under the Tyneside CAZ commenced on [LGV_PHASE_DATE]. The contravention date is [DATE], before commencement. The PCN is ultra vires. Please cancel. Yours faithfully, [Keeper Name]

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Sources

  • Tyneside CAZ Order

Related appeal grounds

Next steps

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