Free Traffic Legal Advice

Quote from: N1j1nsky on June 27, 2024, 07:11:52 pm

I've just checked and my car is Euro 5, so it's subject to the clean air charge unfortunately.

I was obviously unclear.

As a Euro 5 vehicle it is an "other vehicle". It is the Nox value that determines chargeable or not.

If the Nox level (which may be on the V5C and should be on the certificate of conformity) is less than 0.08g/km then it is not chargeable.

It is unlikely they are wrong. But they can be.

One example that springs to mind is some Audi A8s.

Sorry if I misunderstood.

Unfortunately, I can't find a certificate of conformity and I can't find anything about the Nox level in the owners handbook.

I joined a Facebook group this evening, campaigning against the Birmingham Clean Air Zone and some of the comments are horrifying. There is no way Birmingham Council should be allowed to get away with their actions.

It is with regret, I have had to pay the £60, but I have made sure I have messaged Birmingham Council first with the following:

"Dear Birmingham Council,

You have yet to reply to my previous message (I understand you are probably busy with thousands of appeals to read through).

Today is my last day before you increase my charge further and I have read lots of negative comments about you rejecting appeals and then demanding the £120 payment, even when people like myself appeal within the £60 14 day period.

Therefore, to avoid being stung with further increased charges, I am going to pay the £60 today - BUT I REQUEST A REFUND OF £52 IN THE NEAR FUTURE!!

As stated in my initial appeal, there was no way I could pay online at the time and I was completely unaware I had a 6 day deadline to pay the £8 charge. This information isn't stated on your signage, so your signage doesn't set out the terms in a sufficiently clear manner.

I feel totally conned, robbed and deceived at the moment. You've hidden information to catch myself and thousands of other people out with your inflated charges.

I hope you are a council who cares about us ordinary people and you will do the right thing in refunding me the £52 - otherwise I will have to take things further by making a complaint to the Local Government & Social Care Ombudsman.

I will look forward to your response."

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?

I just tried uploading images using Gyazo. I clicked the image button, pasted the URL's in and clicked the insert button. The URL's displayed in my post, but I submitted the post and it's appearing blank. Can you let me know if you can see the images?

I did say I saw the signs with my appeal, but there are loads of signs and there is no way I could miss them to be fair.

I appealed on the basis I had no internet at the time to be able to pay online and all the signs said "Clean Air Zone. Charges Apply. Pay Online", so there was no information providing an alternative way to pay.

I also stated there was no information on the signs saying I had a 6 day deadline to pay, so their signage doesn't set out the terms in a sufficiently clear manner. I said I'm willing to pay the initial charge of £8 and I will look forward to their response explaining how I can pay this.

Thanks for your advice, I appreciate your time and help.

I have submitted an appeal and saved a screenshot to confirm the date of my appeal, in case they try inflating the fee again.

I will see what they come back with, but I will probably pay the £60 if I get no response before the 14 day reduced period expires. It's annoying, but will probably get far worse with the risk of bailiffs, CCJ's, clamping of my car etc.

I've heard a few stories from people who kept ignoring and it got to all that. One person had to pay 2 grand to get his clamp removed from a CAZ in London.

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. No website was displayed on the sign, so I awaited a letter from Birmingham Council, which arrived on 13/06/2024.

To my shock, instead of receiving information on how to pay, I have received a PCN, stating as I didn't pay within the 6 day deadline, I now have to pay £120 (which will get reduced to £60 if I pay within 14 days).

There was no information on the sign saying I had to pay within 6 days and there was no website displayed on the sign, so I'm now wondering what to do next.

I've looked online and see lots of people are ignoring and refusing to pay. However, this isn't a private parking company, it's Birmingham Council, so ignoring it will probably be a risk?https://www.birminghammail.co.uk/news/midlands-news/clean-air-zone-fines-written-28944911

Can I claim the signage doesn't set out the terms in a sufficiently clear manner, as no website or deadline of payment is displayed to create a legally binding contract?

Any advice would be greatly appreciated.

Many thanks,

Ross