Author Topic: Birmingham Clean Air Zone PCN non payment - Enforcement Process commenced  (Read 738 times)

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It sounds as if your notice from TEC has gone astray in the post. I believe TEC would have notified Birmingham electronically, who would then have called off the bailiffs.
You could always ring TEC to confirm.

You could also check the status of your PCN on Birmingham's website if they have the facility or by ringing them.

You sent the TE forms in on what date?

.

25th of June, and the automatic email response stated it would take 8-10 weeks to receive a decision.

Just checked the PCN on the council website and the charge of £120 for not paying within 14 days is there, so it hasn't been waived just yet. There was no option to pay before due to the enforcement proceedings. So if I paid now would I be refunded if the TEC rule in my favour and then the PCN is waived/reissued, or should I let this just play out now that the bailiffs are (hopefully) out of the picture and wait for the TEC decision/any further correspondence from the council?
« Last Edit: July 22, 2025, 04:35:55 pm by John U.K. »

(I am hoping one of our bailiff experts will be along soon. I am not one, so all I write here is surmising possible scenarios as to what is happening.)

Quote
So if I paid now would I be refunded if the TEC rule in my favour

I think that you have misunderstood the role of TEC (- see
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/ 
and replies #10, 11, 12 above)

All TEC do is order the Couyncil to cancel the OfR and Charge Certificate, which makes the original PCN out of time, hence the need for a re-issue of the PCN if they want to continue enforcement, placing you in the position you would have been had received the original PCN in a timely fashion.

Birmigham will, no doubt, have or will issue a fresh PCN, hence my concern that if they send it to the original address you could be back to square one. So please check with them what they wish to do and if they have the right address for you.

Others will be be along to correct the mistakes I may have made.

Ah, was under the impression that if you had already paid the bailiffs/council that any money would be refunded and then the PCN would be reissued and the original amount of £60 would have have to be paid if liable. I guess that anything above the initial £60 figure would be refunded in that case? Apologies if I have misunderstood once more.

That is a great point about checking which address Birmingham Council will send the PCN to, I will get in touch with them to clarify.

Ah, was under the impression that if you had already paid the bailiffs/council that any money would be refunded and then the PCN would be reissued and the original amount of £60 would have have to be paid if liable. I guess that anything above the initial £60 figure would be refunded in that case?

If TEC revoke the OfR and direct that the CC is cancelled then if, as here, your grounds were that a PCN/NTO was not received then you receive a FULL REFUND from the council* of all sums paid. The council may issue another NTO.

Unless notified to the contrary, the council are required to use the address you used for your TEC submission.

Have a read...https://www.trafficpenaltytribunal.gov.uk/charge-certificates-and-orders-for-recovery/

*- you pay the Civil Enforcement Agents, AKA bailiffs, but as the name suggests they are merely the council's agents and any refund would come from the council.