Author Topic: Birmingham CAZ PCN - U-turn mistake, appeal advice needed  (Read 1145 times)

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Birmingham CAZ PCN - U-turn mistake, appeal advice needed
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Hi everyone,

I recently received a Clean Air Zone (CAZ) PCN from Birmingham City Council, and I need advice on whether I can appeal.

PCN Number: KW34911563

Date of Offence: 12/01/2025

Location: Frank Street, Birmingham

Vehicle: Peugeot KU58 ZTG


What Happened:

I accidentally turned into Frank Street, but I immediately made a U-turn at the roundabout and exited the same way. I did not continue deeper into the CAZ, yet I still received a fine.

My Evidence:

Google Timeline Screenshot showing my U-turn at the roundabout.

I did not stop, park, or drive further into the CAZ.


My Questions:

1. Does my situation qualify for an appeal?


2. Does my PCN have any legal errors that could help me challenge it?


3. Should I argue for leniency, or do I have a strong case for cancellation?



I've already asked on Reddit, and they suggested I check with FTLA for potential errors in the PCN. Any guidance would be greatly appreciated.

Thankyou

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Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #1 on: »
Birmingham doesn't offer the discount on rejection so you need to think carefully about challenging this.

Are you from out of town - what was the purpose of journey?

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #2 on: »
Birmingham doesn't offer the discount on rejection so you need to think carefully about challenging this.

Are you from out of town - what was the purpose of journey?


Hi
I was just passing through and I'm not from Birmingham. I didn't realize I had entered the CAZ and made a U-turn immediately to exit. I didn't drive further into the zone. Given that it was an honest mistake, do you think I have a strong case for appeal?" Or
Shal I just accept the fate and Pay PCN.

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #3 on: »
It all depends on whether you are prepared to risk the full PCN penalty or not. If you are, then you have the absolute right in law to submit representations to Birmingham, and then, if rejected, to take them to the Traffic Penalty Tribunal.

Here is the advance warning sign of the CAZ (Frank St)
https://maps.app.goo.gl/18jH6xHEEdWKTeSd8

Here are the signs at entry into Frank St
https://maps.app.goo.gl/sT87FnURBQhwrdD69
The right-hand sign is badly placed, (or has been turned round after installation),  because the only way to enter Frank St is with a left turn, so the signage can be considered inadequate.

This view also shows inadequacy of signage on this very busy ring road. You'd easily miss the advance sign, and turn in and it would be dangerous to stop at the sign.
https://maps.app.goo.gl/uH2PPAqxoxqQS8D38

And it all happened at night and the signs are not lit.

You say you turned round at the roundabout, but I see no roundabout and there is no video of your car passing any sign. So did you really mean you turned at the triangular island as I show here ? If so then there is no contravention at all.
https://maps.app.goo.gl/mWdvyQWYK7BqJYrs5

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #4 on: »
Thank you for your detailed response! I really appreciate it. I made a U-turn at Frank Street, Triangular Island which I believe was before entering the actual CAZ. If that’s correct, does this mean there was no contravention at all? Also, since the signs were not lit at night, does that strengthen my appeal?"
(I accidentally turned into frank street and suddenly I realised That CAZ I made U turn and turn exited the same way without driving further or stopping anywhere.)

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #5 on: »
Their evidence just shows you exiting the zone. I don't know if they provide the video - where did you turn - partly in the camera view maybe.

They must consider discretion if you explain what happened and add what you were trying to do on your trip.

But the danger is if they reject the discount is gone but you can appeal to the tribunal and they don't contest some cases. But the tribunal if it does get heard can't consider mitigation.

« Last Edit: February 06, 2025, 11:07:52 am by stamfordman »

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #6 on: »
I've submitted the representation Online to Birmingham council. I will wait until 13th day for their response. Otherwise, I'll accept the fate and Pay them 60£. I'll be more careful next time. What do u think?

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #7 on: »
I've submitted the representation Online to Birmingham council. I will wait until 13th day for their response. Otherwise, I'll accept the fate and Pay them 60£. I'll be more careful next time. What do u think?
If it were me, I'd take them to the tribunal, because on your evidence you did not pass the sign on the left, but turned round via the triangular island. For me, this means the contravention did not occcur, but it's your money so if you decide to pay the discount, I understand.

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #8 on: »
If it were me, I'd take them to the tribunal, because on your evidence you did not pass the sign on the left, but turned round via the triangular island. For me, this means the contravention did not occcur, but it's your money so if you decide to pay the discount, I understand.

?? The picture shows the OP leaving the zone having presumably passed the entrance signs.

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #9 on: »
If it were me, I'd take them to the tribunal, because on your evidence you did not pass the sign on the left, but turned round via the triangular island. For me, this means the contravention did not occcur, but it's your money so if you decide to pay the discount, I understand.

?? The picture shows the OP leaving the zone having presumably passed the entrance signs.
No it doesn't. Look at the Google Street View of the location. OP says he turned into the street, saw the sign, and then turned round using the triangular traffic island, so at no time did he pass the sign on the left. The sign on the right cannot be seen by drivers turning left into the street.

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #10 on: »
Thanks for explaining! Since I didn’t pass the sign on the left and the right-side sign isn’t visible when turning, does this mean the PCN was wrongly issued? If the council rejects my appeal, would this argument be strong enough to win at the Tribunal? Also, is there any other evidence I should collect to strengthen my case?

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #11 on: »
Well Birmingham's evidence does not support this. I can't see how you can look at the picture and come up with not passing the sign if you did a U-turn in that road.   

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #12 on: »
Is there no video?

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #13 on: »
Is there no video?
Nope.  I don't think videos are taken for CAZ zones. The photos they have are appalling, IMHO

Re: Birmingham CAZ PCN - U-turn mistake, appeal advice needed
« Reply #14 on: »
I think the case is bit complex. So I have no choice rather to pay them fine before the discount period is over. Otherwise it's gonna affect my credit history.