Free Traffic Legal Advice

What you've given us are the charging hours for parking bays in the Jewellery Quarter. The single yellow lines may be restricted the whole week. You need to find the entrance sign to the zone where you entered the zone.

Thank you!

Hm, it is confusing/deceptive! The driver entered the zone the night before (when it was dark and the restrictions were not active) but can't remember the exact road. Car was parked in a bay on Branston Street.

On Sunday the driver looked for signs on Lionel Street but there seems none (only those "pay at machine" signs). The prominent "No Charge on Sunday" text on the parking metre creates a visual trap, so the driver deduced that there is no Sunday parking constraint!

Would like to try a representation. How should we write it? Thanks

Thanks.

The car was parked in a bay on a different street (Branston street) overnight as the accommodation was there. On Sunday it was moved to Lionel Street on a single yellow line as the driver was visiting the city centre area.

Can access and share the council pictures later if needed.

The manual looks encouraging!

Don't get your hopes up too high, the manual is guidance in this respect!

The driver is either correct in that the waiting restriction mirrors the parking bay times or they're not.

It's either correctly signed(remotely from the location) or it's not.

The driver can assert that they're correct and test the council, for free inside the 14-day period, and see what follows.

Are you the registered keeper with current DVLA details?

Thanks. Yes, the driver moved within the zone. There was no sign on Lionel Street, so the driver had to check the council website, which is misleading.
And yes, I am the keeper.

My thoughts on this:

I am challenging the PCN because you have not provided information that allows a diligent motorist to check the single yellow line restriction times. As such the contravention did not occur owing to failure to provide clear information compliant with guidance.

I drove into the zone the evening before and parked in a bay in Branston street to stay overnight at xxxxxx.

I then moved the car to Lionel Street the next day as I wanted to be closer to the city centre.

I checked the restrictions for the parking bay and the zone times on your website and both say the restriction applies 8am-6pm Monday-Saturday and not Sunday. Your website is explicit that these are the operational hours of the Jewellery Quarter controlled parking zone.   

There was no reason to suppose the yellow line was not similarly restricted and the only way I could have found out was finding an entry sign I could have passed in the dark the evening before.

You have a duty to avoid confusion among restrictions according to guidance in the Traffic Signs Manual, especially in a large controlled parking zone such as this. Here, the Sunday control, only for the yellow lines, is not stated on your controlled zone website page, and the manual is clear that confusion is likely where parking bays in these zones operate at different times to the CPZ entry as they are often the same. 

I look forward to cancellation of the PCN.

Hi, I’ve received a rejection from the council below. They didn’t mention their website at all
What should I do now?
“

Thank you for your enquiry concerning the Penalty Charge Notice detailed above.
I have given careful consideration to the circumstances you have described but
regret that there are not sufficient grounds for the notice to be withdrawn.
The Penalty Charge Notice was issued to your vehicle because it was observed parked on a single yellow line when restrictions were in force. These restrictions are indicated at the entrance to the Controlled Parking Zone, which operates Monday to Sunday between the hours of 8:00am to 6:00pm.
I have noted all your comments concerning a lack of sufficient signage in this area.
However, I can confirm that there are signs situated at all entry points into the Controlled parking Zone. It is unclear from your letter which route you would have taken into Lionel Street and therefore I would be unable to detail exactly which sign you would have passed. Nevertheless when entering the City Centre from any direction the motorist will pass a Controlled Parking Zone time plate. Therefore, In view of this there is no requirement for plates to be erected on each location within the zone as the times on the entry zones apply.
I would advise you that Controlled Parking Zone signs are used throughout the country and are common to most city centres. These signs are shown in the Highway Code (of which all motorists should be familiar) along with clear information advising that the zone entry signs indicate the times when the waiting restrictions within the zone are in force.
Motorists may also find out more information concerning Controlled Parking Zones on the Department for Transportation web site at www.dft.gov.uk/pgr/roads.
I have noted your comments that you read the information on the Pay and Display
machine. However, as previously explained, the Notice was issued to your vehicle because it was observed parked on a single yellow line. The information indicated on the Pay and Display machine applies to Pay and Display bays only.
I have noted your comments concerning you not understanding the sign at the location. However, whilst I appreciate the circumstances you have described, I would advise you as part of learning to drive and passing your vehicle test, drivers are required to learn the Highway Code. The Highway Code includes information on road
signs, road markings, vehicle markings and road safety. These markings and signs
are approved by the Department of Transport and used throughout the Country.
I have noted all your comments and whilst I appreciate the circumstances that resulted you parking at this location. I must advise you that it is the responsibility of the motorist to ensure that all parking restrictions are observed and signage is checked prior to parking the vehicle, ensuring that the vehicle is parked in a place not
causing a contravention. In this instance it would have been advisable to have arranged parking where a contravention would not have occurred.
I regret, therefore, that I am unable to withdraw the notice and must request payment
be forwarded in settlement of the matter.
In accordance with Birmingham City Council’s Discretion Policy, each case is judged
on its own merits, taking into account any compelling circumstances. The decision to
enforce this case has therefore been made in accordance with this policy which can
be viewed on www.birmingham.gov.uk/pcn.
You may still take advantage of the reduced charge of £35.00 if payment for the
Penalty Charge Notice is received by the 03/09/2026, BUT the discounted rate is not
available after this date and the full charge of £70.00 will be due if payment is not
received in time.
If you would like to make payment by credit or debit card, please telephone 0121 667
4964, (call charges from mobiles will vary), this service is available 24 hours a day, 7
days a week, or pay on-line www.birmingham.gov.uk/PCN. Please have the Penalty Charge Notice number and your credit card details available.
Alternatively, cheques or Postal Orders should be made payable to ‘Birmingham City
Council (Highways)’ and forwarded to Birmingham City Council, PO Box 77
Birmingham B4 7WA, quoting the Penalty Charge Notice number.
Cash payments can be made at any PayPoint outlet if this letter has a barcode printed
on it. Please take care that the barcode does not become damaged as it may become
unreadable. There is no charge for this service.
If you choose not to send payment in response to this letter, but wish to challenge the
matter further and you are the registered keeper of the vehicle, please wait until the
formal Notice to Owner is sent to you. This letter offers the opportunity to make a formal
representation against the Penalty Charge Notice. Legislation requires the Council to
send a formal Notice to Owner to the registered keeper of the vehicle if payment is not
made in relation to the Penalty Charge Notice. If you are not the keeper, formal
representations may still be made on your behalf by contacting the registered keeper
of the vehicle.

Please Note: It is not possible to enter into any further correspondence until a
formal representation is received in response to the Notice to Owner. Any
additional correspondence received from you prior to the Notice to Owner being
issued will therefore not receive a reply but will be considered should any formal
representation be received in response to the Notice to Owner.
The Traffic Management Act 2004 sets out the following statutory grounds on which
representations may be made:
1. 2. 3. 4. 5. 6. 7. 8. 9. The alleged contravention did not occur.
I was never the owner of the vehicle in question/ or
I had ceased to be its owner before the date on which the alleged contravention
occurred/ or
I became its owner after the date on which the alleged contravention occurred.
The vehicle had been permitted to remain at rest in the place in question by a
person who was in control of the vehicle without the consent of the owner.
We are a vehicle-hire firm and the vehicle was on hire under a hiring agreement
and the hirer had signed a statement acknowledging liability for any PCN issued
during the hiring period.
The penalty charge exceeded the amount applicable in the circumstances of the
case.
There has been a procedural impropriety by the enforcement authority
The Order which is alleged to have been contravened in relation to the vehicle
concerned is invalid.
This Notice should not have been served because the penalty charge had
already been paid:
(i) in full; or
(ii) at the discounted rate within the time specified in paragraph (3) of Schedule
3 to the Civil Enforcement of Road Traffic Contraventions (Approved
Devices, Charging Guidelines and General Provisions) (England)
Regulations 2022.
If there are any other reasons why you consider the Council should cancel the
penalty charge notice and refund any sum already paid.
If you make a representation and it is accepted, the Penalty Charge Notice will be
withdrawn. If not, the full amount of £70.00 will become due, unless you wish to make
an appeal. Full details will be given to you of the appeals procedure, which allows a
case to be heard by an independent adjudicator at the Traffic Penalty Tribunal. The
Traffic Penalty Tribunal is an independent tribunal service where impartial lawyers
consider appeals by motorists.
If this response has been sent via email please note it is from an account that is not
monitored.
Yours sincerely

”