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PCN - Birmingham City Council CAZ - Cloned Plate
cyberws
post Wed, 7 Jun 2023 - 18:22
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Dear Sirs,

My 83 year old father has received two PCNs for entering the Birmingham City Council Clean Air Zone.

The dates of the "offences" are the two days prior to the cloned plates being involved in a Forecourt drive off.

The police visited my father regarding the Forecourt Drive Off and were satisfied that the vehicle involved was not my father's (despite it being the same make, model and colour).

We appealed the PCNs as cloned plates and provided details of the Crime Reference Number (regarding the forecourt drive off) and along with the name of the officer dealing with the case and his shoulder number.

We also attached photographs of the front and rear of my father's car highlighting differences (tow bar, mounting screws and tax disc in window), between my father's car and the photographs in the PCN evidence.

Despite providing what we believed any reasonable person would consider sufficient evidence that the vehicle captured was NOT my father's Birmingham City Council have rejected both appeals.

The main text of their rejection is as follows (I have given paragraphs numbers to make them easy to refer to).

"
a)
I have noted your comments that your number plate has been stolen, indicating that it was not your vehicle at the time of the contravention, and you have reported this matter to the police. However, you have not provided written confirmation from the police. Although you have provided a reference number given in relation to this matter, this is not sufficient supporting evidence as it does not confirm what was reported to the Police.

b)
If having viewed the case evidence of the vehicle in contravention, you are able to identify differences when compared to your vehicle, I would be willing to consider this evidence if you can supply photographs which also show the vehicle registration numbers (front and back), to illustrate the differences.

c)
I am also willing to consider the matter further, if you are able to supply written confirmation from the Police or the DVLA (on headed stationery), that the matter has indeed been reported, stating the date and incident log number, together with any guidance you have been given relating to the circumstances.

d)
Therefore, as you failed to make payment for the CAZ entry fee the Penalty Charge Notice was correctly issued and the case remains enforceable.

e)
In accordance with Birmingham City Council’s Discretion Policy, each case is judged on its own merits, taking into account the compelling circumstances. The decision to enforce this case has therefore been made in accordance with this policy.

f)
You now have 28 days from the date of this Notice of Rejection being served to pay the Penalty Charge or to appeal to an independent adjudicator (see below)."


Given that my father's vehicle had NOTHING to do with this incident how much hoop jumping do we have go through to prove innocence in an offence we had nothing to do with.
I have the following questions.

1. Is written evidence on Police headed paper really required regarding para a)/c) - I would thought given what we considered compelling evidence to prove my father's vehicle was not involved it would be the Council's job to confirm with Police that the Crime Reference details we submitted were correct.

2. Regarding paragraph b) We have already reviewed the evidence and provided highlighted differences between the photographs held as PCN evidence with comparisons to photographs of the front and back of my father's vehicle. - Have they simply not looked at this evidence, or simply clicked on a generic stock answer.

3. Paragraphs b) and c) stating "I am willing to consider ..." seems to be a complete odds with options stated in paragraph f) ie. Pay charge or appeal to independent adjudicator.

4. If I reply to this email querying the incoherent reply/rejection and/or submitting further evidence and they take 6 weeks process it the 28 day period will have lapsed, what position does that leave us in.

5. They have a telephone number, is there any likelihood of getting a sensible response when calling it?

Many thanks in advance for any comments, advice or assistance.
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post Wed, 7 Jun 2023 - 18:22
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Neil B
post Wed, 7 Jun 2023 - 18:37
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So where is this rejection? We need to see it.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cyberws
post Wed, 7 Jun 2023 - 19:13
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I cannot add redacted documents to the post this evening.

However the entire text of the rejection is included above (paragraphs a-f) and my questions are fairly generic relating to the inconsistencies contained within this text and or best practice. Having the entire document surrounding the rejection text would have no baring on my questions.

Any information related to my questions ahead of being able to post redacted documents would be appreciated.

This post has been edited by cyberws: Wed, 7 Jun 2023 - 19:14
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DancingDad
post Wed, 7 Jun 2023 - 19:23
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They are "willing to reconsider..."
Which is council speak for we will cancel but please send us something that we can file and we can tick the box that says "evidence received"

Get the photos, play the kids game of ringing all and any differences you can spot...send them.... doesn't matter that you have already sent, send them again.

Also register your appeals to the Adjudicators...now, don't miss deadlines

This post has been edited by DancingDad: Wed, 7 Jun 2023 - 19:24
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Neil B
post Wed, 7 Jun 2023 - 20:10
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What are you going to redact anyway? It should be no more than name and address.

This post has been edited by Neil B: Wed, 7 Jun 2023 - 20:11


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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