Icon of a white cloud in a green circle of a Clean Air Zone with the letter D indicating a Class D charging zone

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.

You were not the owner of the vehicle at the time it was used within the zone

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.

The charge did not apply to the vehicle

For example, the vehicle met the applicable emissions standard or a particular exemption applied.

The charge for using the vehicle in the zone was paid in time

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).

The vehicle was used in the zone by someone else without your knowledge or consent

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.

The council has made a procedural error when dealing with your case or the PCN

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.

The penalty charge exceeded the amount applicable in the circumstances of the case

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.

Compelling reasons

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.