Thanks. Any thoughts on my draft at #34? @stamfordman, @Incandescent: would be great if you can review it.

Thank you.

I've prepared a draft below. I admit that I used AI to help a bit and review as I'm not good at writing such docs. Could you please review or revise? Thanks!

"I make formal representations against the Penalty Charge Notice [***] under the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2022.

Grounds

1. The contravention did not occur (regulations 2022 5(4)(a)) – the waiting restriction was not adequately indicated to a reasonably diligent motorist in my circumstances.
2. The Council's informal rejection failed to address the substantive points raised.
3. The Notice to Owner does not accurately state the statutory payment period.

1. The contravention did not occur – the restriction was not adequately conveyed

I entered the (Jewellery Quarter) zone the evening before (Saturday, 01/08/2026) and parked in a marked bay in Branston street to stay overnight at xxx (an AirBnb, please find attached the receipt).

I then moved the car within the same zone to Lionel Street the next day (Sunday, 02/08/2026) to be closer to the city centre.

I carefully checked the restrictions for the parking bay and the zone times on Birmingham City Council's 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. The links and screenshots of the zone area and hours of operations are as follows:
https://www.birmingham.gov.uk/info/20109/parking/413/street_parking


https://www.birmingham.gov.uk/info/20109/parking/413/street_parking/4


Also, please see attached a photo of the parking metre nearby on Lionel Street with the prominent "No Charge on Sunday" text. There was no local time plate on or adjacent to the single yellow line stating that waiting was prohibited on Sunday at all. I accept that machine wording technically relates to charged bays, but in a large controlled zone where bay hours are published as Monday–Saturday, that local messaging reinforced a reasonable belief that Sunday controls did not apply to waiting in this area. Where different restrictions operate at different times, the information should not create a misleading impression.

I therefore had multiple consistent indications that Sunday restrictions did not apply:
• the Council's own website for the zone;
• the information available concerning parking bays in the area;
• the absence of any local Sunday restriction plate for the yellow line;
• and the "no charge on Sunday" wording at the parking machine.

2. The informal rejection did not address the points raised

The Council's rejection did not engage with the substantive points in my challenge. It stated, in summary, that the vehicle was "observed parked on a single yellow line when restrictions were in force" and that these are "indicated at the entrance to the Controlled Parking Zone, which operates Monday to Sunday between the hours of 8:00am to 6:00pm." It added that "there are signs situated at all entry points ... Controlled parking Zone" and that "when entering the City Centre from any direction the motorist will pass a Controlled Parking Zone time plate ... there is no requirement for plates to be erected on each location within the zone as the times on the entry zones apply."

That does not answer my point. I had entered the area the previous evening, moved within the zone on Sunday, and also checked the Council's own published information before parking – I did not make a fresh entry into the city from outside that day. The rejection did not explain why the Council's published Jewellery Quarter information stated Monday–Saturday hours only, nor how that reconciles with the Monday–Sunday position now taken, nor how a motorist relying on that published information was expected to identify a Sunday yellow-line restriction with no local plate.

The rejection also stated that "The information indicated on the Pay and Display machine applies to Pay and Display bays only." I accept that distinction; it does not dispose of my argument that, taken as a whole, the information available to a diligent motorist did not clearly convey that the single yellow line remained restricted on Sunday.

It further referred generically to the Highway Code and to the motorist's responsibility to "ensure that all parking restrictions are observed and signage is checked prior to parking," but did not address the Council's own published zone hours or the local Sunday messaging I relied upon.

I rely on the general principle that restrictions must be clear to the motorist. My challenge referred to "Traffic Signs Manual, Chapter 3, paragraph 14.1.14" (https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf) that warns of confusion where parking places operate at different times from yellow-line waiting within a zone. That is the situation here. The rejection did not address it.

3. Defect in the Notice to Owner

The Notice to Owner was posted on 9 September 2026 and is therefore deemed served on 11 September 2026. Representations must be made within 28 days beginning with the date of service (regulation 3(2)(a) of the 2022 Regulations - https://www.legislation.gov.uk/uksi/2022/576/regulation/3 ), which expires on 8 October 2026.

The Notice nevertheless states that "If by 9/10/2026 you do not pay the penalty charge or make representations ... the council may increase the original penalty charge by 50% to £105." That date is inconsistent with the 28-day period stated elsewhere on the Notice and misstates when the payment and representation period ends. The Notice must convey the correct payment period and the consequences of not paying or making representations within it. This date is incorrect and misleading.

Conclusion

For the reasons above, I respectfully request the PCN be cancelled. I reserve the right to appeal to the Traffic Penalty Tribunal if these representations are rejected.
"

Thanks @tincombe. I think it makes sense. Haven't seen other replies so far. 

How should I go about writing the representation? Should I add your point on top of the previous appeal (confusing/misleading signs/website info)? 

Thanks

The next stage is the NTO which is sent to the registered keeper as per the logbook address.

If you check the PCN online do you get a status timeline?

I haven't received the NTO yet and the PCN online just has "view evidence", "pay" or "contact us" options. When should I expect to receive it? Thanks

Thanks. I'm inclined to take it all the way. But I may not be able to attend a hearing as I don't live in Birmingham and may work overseas next year.. I suppose that would be a problem?

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

”

How should I write the representation? Thanks

Please see main images from the CEO below: