I recently received two fines for driving my car into the Birmingham clean air zone and feel I have been unfairly treated. The letters both stated I had 14 days to pay a reduced rate of £60 for each fine. After that, the full £120 fine would be payable.
I appealed on the basis that I live outside Birmingham and was unaware the zone had been introduced. I missed the signs, as I was navigating using a satnav.
I also feel somewhat aggrieved as the second fine was technically deemed the next day. I drove out of the zone seven minutes after midnight.
I’m a diligent driver and have never received a parking fine or speeding ticket, and as the clean air zone was so new I naively thought they might let me off at least one of the charges.
Birmingham council took several weeks to respond and reject my appeal, by which time the 14 days early payment window had expired. I feel that I should at least have the right to pay the “reduced” £60 fine if my appeal is not successful.
NS, by email
How many people living outside the West Midlands are even aware that Birmingham’s clean air zone went live in June 2021? Not that many, I suspect, and one of the reasons for publishing this letter is to highlight its introduction. There are also similar schemes in Bath and Portsmouth, alongside the pioneer, London.
The rules in the Birmingham zone are pretty clear. Diesel cars that are not of Euro 6 standard or higher – which typically means those built before 2015-ish – and pre-Euro 4 petrol cars (pre-2006) have to pay the £8 daily charge, which, as you found out to your cost runs from midnight to midnight. Those entering have to pay the charge within six days, or face a penalty.
Sadly, ignorance of its introduction is not enough to get you off. However, I do agree that those who appeal against the fine should at least be given the right to pay the reduced £60 rate if their appeal is unsuccessful.
In London, if a driver appeals within the reduced-rate period, the clock is then stopped and they retain the right to pay at the lower charge, even where the appeal takes longer.
Birmingham city council tells me that is not the case there. This seems to me an affront to natural justice, is an incentive for the council to process appeals slowly, and should be changed.
The council says its approach is in line with the Road User Charging (Enforcement and Adjudication) Regulations 2001. It says 530,000 fine notices were issued in the first six months of operation, and there is clear guidance on its website.
One of the odd things about this is Google Maps doesn’t warn those driving into the Birmingham zone of its existence. If you ask it to direct you into the London Ulez, a warning flashes up. Birmingham says this is on the way.
Meanwhile, others be warned. Clean air zones are coming in Bradford, Manchester and Bristol. As people are getting back in their cars post-pandemic, lots of people will be caught out. See if you are affected using the online checker.
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