Birmingham Clean Air Zone
PCN Grounds of Appeal
Birmingham Clean Air Zone
PCN Grounds of Appeal
Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator
can instruct Birmingham City Council to cancel a
Birmingham Clean Air Zone Penalty Charge Notice (PCN).
Unsure which ground
applies to your case?
Explain clearly why you are submitting an appeal in as much detail as possible.
The Adjudicator will be able to identify if a ground of appeal
or compelling reason applies in your case.
Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct Birmingham City Council to cancel a Birmingham Clean Air Zone Penalty Charge Notice (PCN).
Unsure which ground applies to your case?
Explain clearly why you are submitting an appeal in as much detail as possible. The Adjudicator will be able to identify if a ground of appeal or compelling reason applies in your case.
For example:
- you have never been the Registered Keeper
- you sold the vehicle before, or bought it after, the time it was detected in the zone. You will usually be required to provide the name / address details of who you bought the vehicle from / sold the vehicle to in your appeal. If you cannot do this, you should explain why
- it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the lessee.
For example, the vehicle met the applicable emissions standard or a particular exemption applied.
Payments for using a vehicle in the zone are not made to the council directly, but online at the GOV.UK Drive in a Clean Air Zone service. A telephone payment service and helpdesk is also available on 0300 029 8888 (lines open Monday to Friday, 8am to 7pm; Saturday, 8am to 2pm).
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joy riders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police when submitting an appeal.
The owner is a vehicle hire (or lease) firm and the vehicle was used in the zone by a hirer / lessee
This ground applies only to qualifying formal hire / lease agreements, where the hirer / lessee has signed an agreement accepting liability of penalty charges issued during the hire / lease period. You should provide the hirer’s / lessee’s name and address and a copy of the agreement when making an appeal to us.
This means Birmingham City Council has not complied with the relevant regulations. For example:
- the PCN or another document did not give the required information
- the council did not respond to your representations, or responded too late.
Select this ground if the penalty charge on the PCN is incorrect (Birmingham City Council has asked for more than they are entitled to under the relevant regulations). This should be £120.
The Adjudicator can’t cancel a PCN based on a compelling reason, but they can ask Birmingham City Council to reconsider its decision to issue the penalty. You should explain clearly why you are appealing and provide as much detail on the circumstances as possible, which the Adjudicator will consider.
For example:
- you have never been the Registered Keeper
- you sold the vehicle before, or bought it after, the time it was detected in the zone. You will usually be required to provide the name / address details of who you bought the vehicle from / sold the vehicle to in your appeal. If you cannot do this, you should explain why
- it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the lessee.
For example, the vehicle met the applicable emissions standard or a particular exemption applied.
Payments for using a vehicle within the zone are not made to the council directly, but online at the GOV.UK Central Clean Air Zone service. A telephone payment service and helpdesk is also available on 0300 029 8888 (lines open Monday to Friday, 8am to 7pm; Saturday, 8am to 2pm).
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joy riders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police when submitting an appeal.
The owner is a vehicle hire (or lease) firm and the vehicle was used in the zone by a hirer / lessee
This ground applies only to qualifying formal hire / lease agreements, where the hirer / lessee has signed an agreement accepting liability of penalty charges issued during the hire / lease period. You should provide the hirer’s / lessee’s name and address and a copy of the agreement when making an appeal to us.
This means Birmingham City Council has not complied with the relevant regulations. For example:
- the PCN or another document did not give the required information
- the council did not respond to your representations, or responded too late.
Select this ground if the penalty charge on the PCN is incorrect (Birmingham City Council has asked for more than they are entitled to under the relevant regulations). This should be £120.
The Adjudicator can’t cancel a PCN based on a compelling reason, but they can ask Birmingham City Council to reconsider its decision to issue the penalty. You should explain clearly why you are appealing and provide as much detail on the circumstances as possible, which the Adjudicator will consider.
Ready to submit an appeal?
Once you have made representations to Birmingham City Council and have received a
Notice of Rejection (NoR) of Representations
an appeal can be submitted to the Traffic Penalty Tribunal.
Ready to submit an appeal?
Once you have made representations to Birmingham City Council and have received a
Notice of Rejection (NoR) of Representations
an appeal can be submitted to the Traffic Penalty Tribunal.
Transport Act 2000
An Act of Parliament that allows for the civil enforcement, by local authorities in England (outside London) of contraventions against bus lane restrictions, and of Road User Charging Schemes by charging authorities in England.
Order for Recovery
An Order for Recovery is a notice issued by the Traffic Enforcement Centre at the Northampton County Court to the Registered Keeper of a vehicle, informing them that a Penalty Charge Notice (PCN) associated with that vehicle has been registered as a debt.
A PCN is registered as a debt and an Order for Recovery sent if that PCN has not been paid 14 days after the receipt of a Charge Certificatefrom the local authority or charging authority that issued the PCN.
A fee of £8 (covering the debt registration fee) is added to the penalty charge owed. An Order for Recovery details how the outstanding PCN amount (and the £8 fee) should be paid, and by what date.
A Witness Statement form or Statutory Declaration form (if relating to a Bus Lane PCN) will be included with the Order for Recovery. These forms provide an opportunity to explain why the debt should not have been registered, choosing from one of four specified grounds / reasons.
If the outstanding PCN and debt registration fee are not paid, or a Witness Statement / Statutory Declaration form sent to the Traffic Enforcement Centre, a Bailiff / Enforcement Agent will be contacted to recover the money owed.
The civil enforcement of traffic restrictions by a local authority or charging authority – including the issuing of an Order for Recovery – is provided for and regulated by various pieces of legislation.
Merseyflow Penalty Charge Notice (PCN)
The Mersey Gateway Bridge Crossings Road User Charging Scheme (operating under the brand name ‘Merseyflow’) is a Road User Charging Scheme in place for vehicles travelling across both the Mersey Gateway and Silver Jubilee Bridges, which cross the River Mersey between Runcorn and Widnes, Cheshire. The Charging Authority for the scheme is Halton Borough Council.
Vehicles crossing the bridges must pay the road user charge in place every time they cross (in both directions, either in advance or by 11.59pm the day after the crossing is made. Video cameras record all crossings made.
The necessity to pay the crossing charge and the time allotted is shown on signs on roads around the scheme. Payment of the road user charge can be made online at the Merseyflow website, via a mobile application, by phone or in person at a walk-in centre or Payzone outlet.
Accounts can be set-up for automatic payment of the charge and discounts apply to certain user types, including local residents and Blue Badge holders.
If payment of the road user charge for each crossing is not made on time, a Penalty Charge Notice (PCN) will be sent to the Registered Keeper of the vehicle that made the crossing/s. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge.
A Merseyflow PCN document will include details of:
- the date and time of the crossing that was not paid for, as well as the location and a photograph of the vehicle.
- the Vehicle Registration Mark and other details of the vehicle that made the crossing
- the amount (in £) of the penalty charge that needs to be paid.
- this will include a reduced / discounted rate (50% of the penalty charge amount) that applies if the PCN is paid within 14 days.
The document will also include instructions on how to pay the penalty charge or make representations against it.
The Road User Charging Scheme in place, including how PCNs can be enforced by Halton Borough Council, is provided for and regulated by various pieces of legislation.
English (UK) 
Cymraeg 
