Driver overturns 12 Bristol Clear Air Zone fines

John Lyon claims Bristol's Clear Air Zone system is unlawful

A driver who successfully overturned 12 Clean Air Zone (CAZ) fines in Bristol claims the system is unlawful.

John Lyon, from Saltford, said there were various faults with the language and documentation of the fixed penalty notices (PCNs), as well as the signage used to warn motorists.

He said Bristol City Council should refund all the fines it has handed out.

Mayor Marvin Rees said the dispute "centres on the wording of the documents and not the scheme itself".

Bristol launched its Clean Air Zone in November 2022, in a bid to reduce air pollution in the city centre so government targets could be hit.

Drivers of non-compliant vehicles face a £9 daily charge to enter the zone.

'No legal authority'

Failure to pay results in a full Penalty Charge Notice (PCN) of £120, or £60 if paid within 14 days.

In the past year, Mr Lyon has successfully challenged around a dozen PCNs for both himself and other drivers by citing procedural or documentation errors.

In the summer, he even deliberately drove his non-compliant vehicle into Bristol's Clean Air Zone so he could again challenge the fine.

"I've won them by default because the moment the city council sees the arguments put forward, they withdraw," he said.

"The [PCN] is an invalid document. They're citing a piece of legislation which doesn't exist. There's no legal authority for any penalty charge to be made."

The Clean Air Zone covers the city centre and some approach routes

Appeals are assessed by a Traffic Penalty Tribunal adjudicator, who decides on fixed penalty notice appeals.

But Mr Lyon said none of his appeals have been heard by an adjudicator and the city council "didn't even contest" the appeal on two occasions.

"They [the council] are acting like latter-day highwayman, like Dick Turpin. Pointing cameras at people and demanding money with menace," he said.

"Many people can't afford new cars, yet the penalties are massive.

"Nobody wants to be breathing in dirty air but it's got to be done lawfully, fairly and proportionately."

'Legal responsibility'

In August, it emerged the authority had won less than a fifth of appeals that made it to tribunal, with motorists successful 56% of the time.

Bristol City Council has yet to release any data regarding its effectiveness in reducing air pollution, or the amount of money it has generated through charges or fines.

Mr Rees said the council has a "moral responsibility to deliver clean air".

"These disputes centre on the wording of the documents and not on the scheme itself," he said.

"The scheme itself has integrity and let's remember there's a backdrop to this - we did not have a choice as a city.

"[There were] 300 deaths a year and an impact on people's lives. But actually we have a legal responsibility.

"If we don't do it, we end up in court."