Free Traffic Legal Advice

The sign said charges apply and to pay online, but there was no further information on the sign to say where to pay online. No website was displayed on the sign, so I awaited a letter from Birmingham Council, which arrived on 13/06/2024.

So you saw the sign, knew charges applied and that you had to pay online. So why did you do nothing ? Clearly you are able to use the internet.
So far, I see nothing in your narrative that suggests a strong appeal argument.  However, in accordance with the forum rules, can you please read this, and update your thread accordingly: -
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/
The problem with these CAZs that are springing up all over the place in our benighted land is that the councils that set them up are not obliged to follow the LATOR regulations, because the Orders setting them up are not Traffic Regulation Orders. If they were, you could appeal on the basis that the signs did not reflect the traffic order, so all they need do is put up a simple sign, and you have to work it all out by yourself.
The regulations governing appealing a PCN issued under the Birmingham CAZ are here: -
https://www.legislation.gov.uk/uksi/2013/1783/contents/made
You can find more stuff on this website: -
https://www.trafficpenaltytribunal.gov.uk/funding-and-legislation/
The enabling legislation is the Transport Act 2000, which contains a section on signing road user charging schemes
https://www.legislation.gov.uk/ukpga/2000/38/section/177

HOwever, despite the above, (BTW, have a trawl through it if you think you can find a robust argument to support your case), you will not find any support for it at adjudication. If the signs are there and in accordance with the regulations, that is sufficient.

Finally, there is an election coming up. Have a look at what the parties say about this sort of thing, and be careful who you vote for.

In a nutshell, you're saying I have no defence and I should pay the £60 before it increases further to the full £120, aren't you?

No, not really, but your chances of success, based on what forum experience we have of Bham, are not good. Also, Birmingham play hard-ball and are known not to re-offer the discount for reps submitted within the discount period, athough this may have changed. Real problem is we get few threads on the Bham CAZ so there's no bank of experience on which to draw.

Normally we always recommend submitting reps, but as there is a risk you would not be re-offered the discount, you have to make your own decision on whether to risk the extra money.  For other CAZs there is a clear appeal approach based on an impropriety in their PCNs, but this is not so on the Bham ones.

Other thing to say is that like all other councils, Bham just bat away all reps however valid, knowing people just cough up then. Of course, by not re-offering the discount, it is then a total no-brainer to take them to adjudication as the penalty remains the same, and there are no additional costs. So if you're up for it, submit reps on the basis you have described in your narrative, and you'll end up at the Traffic Penalty Tribunal where you can test your arguments.

with the risk of bailiffs, CCJ's, clamping of my car etc.

You're wrong on this.  THere can NEVER be a CCJ as a result of PCN enforcement; the legislation has been carefully written so this can never occur. However, if you don't follow the process through its stages, then the council can and will instruct bailiffs once they have registered the debt at the Traffic Enforcement Centre. But his would be after you'd lost an appeal at the Traffic Penalty Tribunal, (the final stage of the process),  and not paid-up.

Images of my PCN are below.

Right click on the image in Gyazo, (do not use the 'share' button, nor the link in the title bar)
Right click on 'copy image link' from the resulting menu, and paste into the 'insert image' menu here, and voila!

Easy when you know how.

Don't worry. I've been around this site (and its predecessor, Pepipoo) for a decade and only learnt the right-click trick for inserting images last week!

P.S. You might want to repost page 1 wuth your name and address redacted (leave everything else in). I'[[ delete the image from my posting.

Quote from: N1j1nsky on June 20, 2024, 11:11:38 pm

I drive a Ford Diesel and went into the Birmingham Clean Air Zone on 23/05/2024. The sign said charges apply and to pay online, but there was no further information on the sign to say where to pay online.

So how did you know your vehicle was subject to the charge?

With Birmingham playing hardball you need to decide upfront whether you want to pay the discount or take this all the way to the Traffic Penalty Tribunal, as the discount is not reoffered if you make representations.

I drive a diesel, so I assume all diesels would be subject to a clean air charge?

I don't particularly want to pay £60, as I feel totally conned with their signs not stating I had a 6 day deadline to pay the £8 charge. If I knew I only had 6 days to pay, I would have gone to a friend or family member with internet access to pay the £8 charge.

From the feedback I'm getting, it seems I can either pay the £60 discount, or go to the Traffic Penalty Tribunal, with the general opinion thinking I have no case to put forward to avoid paying the inflated charge. Do you think it's worth the risk going to the Traffic Penalty Tribunal, where I could have to pay £120?

I was hoping Birmingham Council would respond to me before my reduced £60 period ran out, but they're not going to do that are they. They want to intimidate me into paying the £60 fee. Today is my last day and then the fee rises to £120 tomorrow.

Do I sit and wait until Birmingham Council get back to me, knowing the fee will increase to £120 by then and I will have to go through the Traffic Penalty Tribunal, or pay the £60 today to get this issue dealt with?