ANYONE who disagrees with a £120 fine for driving through the Clean Air Zone in Birmingham after it launches in June will be able to appeal.
Drivers who have been issued a penalty charge notice (PCN) for non-payment of the Clean Air Zone (CAZ) charge must first go through Birmingham City Council’s appeals process.
But anyone unhappy can appeal to the Traffic Penalty Tribunal (TPT) – a body tasked with adjudicating in traffic penalty disagreements.
Details of the city council’s own appeals process are due to revealed on the Brum Breathes website next month.
The TPT are due to unveil an appeal process page for Birmingham as it has done with Bath – where a CAZ went live yesterday (March 15).
Anyone driving a non-compliant car – whose emissions do not meet standards – will not be issued a charge in the first instance.
Birmingham City Council said the onus is on the driver to find out if they are compliant and if not to go to the Government’s website and make a payment after driving into the CAZ.
There is a 13-day window in which to pay – including six days prior to the visit, the day of the visit and six days after.
After this, a £120 PCN will be issued, which will be reduced to £60 if paid within 14 days.
TPT chief adjudicator Caroline Sheppard OBE said:
“Many motorists will have never seen the new signs or know if the scheme applies to their vehicle.
“The requirement to pay charges to a central GOV.UK payment service, not the authority, is also very unfamiliar.
“It is so important for local authorities approaching enforcement to bear in mind that motorists – both those who live locally and who are visiting – may be unaware of the CAZ, their vehicle’s emissions or how they should pay.”
Mohammed Sajjad, 35, a civil servant, has raised the case of his father’s car which meets emissions standards but will still be charged for entering the CAZ according to the Government’s online vehicle checker.
He said if his father is issued a PCN, he would “pursue it all the way to the TPT” as he believes the system unfairly discounts compliant cars manufactured before 2006.
A Birmingham City Council spokesperson said:
“The Clean Air Zone will be clearly marked out by signage and drivers are advised to ensure they use the online vehicle checker before they travel into the city centre.
“If a vehicle is subject to the daily fee, people will be able to pay during the period six days before or six days after travel.
“However, if someone doesn’t pay within that period and receives a penalty charge notice, they may appeal against the issue of the notice should there be grounds to do so and full details of the process will be included on the notice and will also be published on the city council’s website.”