Free Traffic Legal Advice

I made a credit card payment to cover three visits to central Birmingham over consecutive days at the beginning of May.

Do Birmingham allow payment in advance? I am wondering if the payments were treated as payment for the day the payment was made?

What sort of paper trail have you got for the payments? Is there an online record or receipt?

Have a read of https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and please post up the first page of each PCN and the other sides of one PCN.
Only redact name and address.

Rules for payment are here :-
https://www.brumbreathes.co.uk/info/32/charges-operation/34/paying-drive-clean-air-zone

Basically, you can only pay 6 days in advance and 6 days in arrears. However, the Order is silent on what happens if moneys are paid but not used. I suspect they have just made the no refund rule up and are not in compliance with the legislation but you'll only find out if you take them to adjudication. The legislation is the Transport Act 2000 see here for the relevant section:-
https://www.legislation.gov.uk/ukpga/2000/38/part/III/chapter/I
and the regulations for PCN enforcement are here :-
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

I have had a quick look and there is nothing in the Act about the management of payments for road user charges. It does seem quite unfair the way they deal with payments that are not used "on the day".

As far as I can see, the email told you that your payment for road use had expired, being beyond 13 days since payment was made. It then warned you to make a payment for your car or you'd get a PCN.

Quote from: Incandescent on May 24, 2024, 07:36:58 pm

I have had a quick look and there is nothing in the Act about the management of payments for road user charges. It does seem quite unfair the way they deal with payments that are not used "on the day".

I thought you were buying, in effect, a "licence" for a given day, so I wouldn't expect if you don't use it you would be able to get it back.
The regs are definitely silent on refunds!

But when you pay in advance, I don't think any date is required.

Quote from: mdann52 on May 25, 2024, 09:48:54 am

Quote from: Incandescent on May 24, 2024, 07:36:58 pm

I have had a quick look and there is nothing in the Act about the management of payments for road user charges. It does seem quite unfair the way they deal with payments that are not used "on the day".

I thought you were buying, in effect, a "licence" for a given day, so I wouldn't expect if you don't use it you would be able to get it back.
The regs are definitely silent on refunds!

But when you pay in advance, I don't think any date is required.

I've just checked, and if you pay on the UK GOV site you are required to select date(s) even in advance

@mdann52 please show us the PCN and the payment receipts.