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| Landymatt Member Since: 31 Dec 2018 Location: York Posts: 191  
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Corr blimey, sounds like you’ve taken a very reasonable approach. I hope at the worst they reduce the value of any penalties to just what you would’ve paid in charges… but wouldn’t it be great if you got clarity on whether you should be paying those charges or not!
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24th Jun 2022 8:47am |
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| blackwolf Member Since: 03 Nov 2009 Location: South West England Posts: 17312 
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Good luck with this, I will be extremely interested to hear how you get on.
It seems to me that it is iniquitous that private owners of privately-used Defenders are penalised solely because the vehicle is in the N1 "Light Goods" tax class, because under the C&U Regs it is not a Light Goods vehicle, it is a Dual Purpose Vehicle which just happens to be taxed as though it was an LGV. Bath is now one of a growing number of cities and large towns which I will simply never visit whilst they continue do this. I know that one person boycotting them will make no difference, but I like to think it is hitting the local economy albeit to an insignificantly-miniscule extent.  |
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24th Jun 2022 8:53am |
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| custom90 Member Since: 21 Jan 2010 Location: South West, England. Posts: 20270
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In that Council there are a lot of liars, discriminative practices and behaviours going on hidden behind the scenes.
One of them being one of these Eco warrior employees. There’s is a significant amount of corruption and infighting and cover ups going on there. I cannot say any more than that, but believe you me I wouldn’t say it if I didn’t have just cause and I would honestly call them one of the worst councils in the U.K. and that CAZ thing is only the tip of the iceberg I can tell you. If I could sum them up in two words harsh as it sounds it would be - morally bankrupt. You’ve been warned. If you do have contact with them you’ll find you’ll be told to do as you are told, and do it now. You can form your own conclusions to that attitude. |
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24th Jun 2022 12:43pm |
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| SJM2018 Member Since: 06 Jul 2018 Location: Bristol Posts: 296 
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If I was being super self critical; I’m happy for it to be taxed as a commercial vehicle (and benefit form the significant saving), so I could see an argument that I can’t expect to have my cake…
However, the wording is incredibly vague and even on the PCN it isn’t clear that my vehicle should be charged. I suspect my appeals will be rejected, but I’ll contest them all the way to any adjudication / Court proceedings. It doesn’t rain, but it pours; I’ve also just been hit with a bus lane fine! I swerved to avoid one of those illegal scooters that had shot out in front of me from a side street. My near side wheels crossed the white line by about a foot. You can see the scooter rider in the picture, so hopefully my appeal should be successful. I’m honestly not a reprobate, these are my first PCNs for ~17 years! 2011 CSW XS 90 |
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24th Jun 2022 1:18pm |
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| Procta Member Since: 03 Dec 2016 Location: Sunderland Posts: 5135
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is this a labour council by any chance? Defender TD5 90 ---/--- Peugeot 306 HDI hatch back Success is 90% Inspiration and 4 minutes Preparation # you can make it! |
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24th Jun 2022 5:21pm |
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| custom90 Member Since: 21 Jan 2010 Location: South West, England. Posts: 20270
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Lib dem, or at least that’s the name they go by.
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24th Jun 2022 8:38pm |
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| SJM2018 Member Since: 06 Jul 2018 Location: Bristol Posts: 296
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UPDATE
So I’ve had a response from the Council, that’s put me in a bit of an awkward position. They’ve rejected my claim, but have offered to cancel the penalty charge, provided I pay the £9 CAZ within the next 14 days. If I challenge their decision and go to the Traffic Penalty Tribunal, then the offer is rescinded and if the TPT rules against me, then I’ll have to pay £9 plus the full fine (£120). I’ve called the TPT and asked whether they’ve dealt with anything like this before, but the chap I spoke to hadn’t, said it was a very grey area and it could go either way. He suggested I email and ask whether there have been any previous adjudications relating to dual purpose vehicles and the Bath CAZ - which I’ve done. On one hand, I could easily pay the £9 and then challenge all the future fines (5/6 to come), explaining that their delay in responding to the original contravention (together with the vague rules / issues with dual purpose vehicles) resulted in me reasonably thinking I was ok. On the other, I don’t think I should have to pay anything and on principle I think I should challenge, plus I have to consider all the future £9s. The fact that the council responded so quickly and have offered to cancel the fine makes me think either 1) My appeal was answered by someone kind and decent at the council; or 2) They’ve already lost an appeal and know I’ll win! My plan is to wait and see what my email uncovers and go from there. 2011 CSW XS 90 |
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29th Jun 2022 10:33am |
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| custom90 Member Since: 21 Jan 2010 Location: South West, England. Posts: 20270
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They don’t want any more Tribunal cases that’s what’s it’s all about, they are in serious trouble with many things like this and Taxi drivers so they are trying their best to tone anything down they possibly can to save face.
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29th Jun 2022 7:36pm |
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| blackwolf Member Since: 03 Nov 2009 Location: South West England Posts: 17312
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The link which Brickbox posted in Pickles's thread makes interesting reading.
It is a Government page which states that "Bath has a Class C clean air zone" and further on "There are 4 types of clean air zones, Class A to D.
A - Buses, coaches, taxis, private hire vehicles B - Buses, coaches, taxis, private hire vehicles, heavy goods vehicles C - Buses, coaches, taxis, private hire vehicles, heavy goods vehicles, vans, minibuses D - Buses, coaches, taxis, private hire vehicles, heavy goods vehicles, vans, minibuses, cars, the local authority has the option to include motorcycles" Therefore according to the Government Bath only charges (can only charge?) for buses, coaches, taxis, private hire vehicles, heavy goods vehicles, vans, minibuses. A Defender is none of these, therefore I feel it could be argued that the charge is iniquitous, and equally so for any type of pick-up truck or other DPV. Bath will probably argue that a Defender or other pick-up is a "van", but in the eye of the law it is not, it is not even a good vehicle. I don't know if there is any merit pursuing this line since local government is full of the kind of deranged zealot who is not open to reason, but it can't do any harm. |
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1st Jul 2022 8:59pm |
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| 23GPS Member Since: 19 Jun 2010 Location: Blackdown Hills, Somerset Posts: 26 
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I've also stopped visiting Bath. Low emission zones are just a cash cow for lazy ineffective councils to raise income off the back of supposedly improving air quality. By way of example my Euro 4 2.4 Defender 110 can enter the Bath caz for free, but if I use my less polluting Euro 5 2.2 Defender 90 I have to pay the charge. Crazy! Keep it simple - poverty spec.
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2nd Jul 2022 11:05pm |
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| BrickBox Member Since: 05 Oct 2021 Location: Wales Posts: 800  
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As above- my 2008 2.4 has no charge being an M1 category I assume? 2008 2.4 110 Utility Station Wagon XS.
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3rd Jul 2022 6:25am |
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| spudfan Member Since: 10 Sep 2007 Location: Co Donegal Posts: 4636 
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Then there is this
https://www.msn.com/en-ie/cars/news/lambet...9cfc7e6173 1982 88" 2.25 diesel 1992 110 200tdi csw -Zikali 2008 110 2.4 tdci csw-Zulu 2011 110 2.4 tdci csw-Masai |
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10th Jul 2022 12:58pm |
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| Mdm Member Since: 11 Sep 2013 Location: Sunny Lancashire Posts: 1582
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we tried to register for an exemption recently
rang up no help at all and referred to the website. filled it all . site crashed a few times so not ideal. sent it off. waited a while and got an email to you have missed a picture of the v5. hmm well the one i uploaded must be invisible. so instead of having to log in and send them another piture we have to fill the whole form in again.......petty and useless springs to mind. hey ho another place off the radar for visiting .. |
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10th Jul 2022 1:33pm |
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| spudfan Member Since: 10 Sep 2007 Location: Co Donegal Posts: 4636
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Remember when computerisation first hit the scene? All the promises of less "paperwork" etc. 1982 88" 2.25 diesel
1992 110 200tdi csw -Zikali 2008 110 2.4 tdci csw-Zulu 2011 110 2.4 tdci csw-Masai |
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10th Jul 2022 2:01pm |
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