This blog answers the question “How Can I Formulate An Appeal Against My Birmingham City PCN?”A Birmingham City Penalty Charge Notice can only be challenged online, with relevant evidence documents to prove your innocence regarding the traffic contravention. This blog also explains the procedure for recovering your impounded vehicle from the Birmingham vehicle pound and why this should be done as soon as possible.

How Can I Formulate An Appeal Against My Birmingham City PCN?

You must collect and preserve evidence of your road presence in Birmingham City Council. Scanned copies of pay and display tickets, vehicle parking camera video footage, and scanned copies of any previous PCNs served to you should be stored on your personal laptop or computer. This information comes in handy the day you are charged with a Penalty Charge Notice and start searching for appropriate reasons for challenging the decision of the CCTV or Civil Enforcement Officer on the scene.

If you don’t have this data with you beforehand, it might be impossible to recover essential evidence to support your case. Your PCN challenge has to be compiled and submitted on the Birmingham City council’s website and it makes a big difference if you are able to attach the correct evidence to support the grounds for your challenge. It might not be possible for you to search for or transfer parking permits, medical reports or parking camera video onto your computer to make your appeal within 28 days.

In many cases, PCNs are not enforceable and you may be able to win your case and avoid having to pay your fine.

You could begin the process by speaking to an online solicitor for as little as £5. 

What is the procedure for appealing against a Birmingham City PCN?

You can appeal against a Birmingham City PCN online by using the Birmingham City Council’s online appeals service. This service can be accessed by clicking here. On this webpage you need to enter your PCN number and Vehicle Registration number and click “Search” to start your PCN challenge (after viewing the CCTV evidence). Evidence documents can be uploaded online.

The information you will need to fill in the form includes your PCN number and Vehicle Registration Number. The reasons for you disputing the PCN must be listed down on paper first and explained using the wording of relevant traffic regulations. 

These reasons need to be formally compiled into an appeals letter addressed to your council later, along with any material evidence if possible. So you can take 3 to 4 days for recollecting your thoughts about the traffic violation incident and even check your vehicle to recall the position in which it was parked that day.

You should first view the traffic contravention for which your Birmingham City PCN was issued by entering your PCN number and Vehicle Registration Number here

Birmingham City council encourages online PCN representations only, so if you are not keen on using the council website for challenging your case you must make sure that you pay the fine within 28 days (preferably in 14 days) 

What is a Penalty Charge Notice?

A Penalty Charge Notice is a fine or monetary penalty for driving offences. A PCN can be issued for any legal traffic contravention, such as a parking contravention, moving traffic contravention or bus lane violation.

The charges of your PCN will also vary depending on whether it has been issued for a higher level violation or for a lower level violation. A PCN may also be served for refusing to pay road charges.

A PCN may be issued by a Civil Enforcement Officer or by CCTV. You will be given a period of 28 days to respond to a Penalty Charge Notice.

 If you fail to pay the fine or to appeal it, you will be sent a charge certificate which increases the PCN fine by 50% of its original value.

How much is the PCN fine for the 4 types of PCNs served in Birmingham City Council?

The PCN fine for a serious parking violation is set at £70 for Birmingham City Council. The PCN fine for a lower level parking contravention is set at £50 for Birmingham City Council. The PCN fines for bus lane entry and moving traffic contraventions in Birmingham City Council are also set at £70. The PCN fine for failing to pay the Birmingham City Clean Air Zone charges on time is £120.

You are required to pay your Birmingham City Council Clean Air Zone penalty for excessive vehicle emissions within 6 days of getting the penalty (by 12 noon on the 6th day after the incident).

There is a 50% discount which applies to these fine charges subject to certain conditions. If you pay a higher level traffic violation PCN (such as a bus lane PCN) within 14 days, you will just be paying £35, and if you pay a lower level traffic violation PCN within 21 days, you will have to pay £25. Also if you pay a moving traffic violation PCN within 14 days, you will be paying £35 only.Similarly your PCN fine for not paying Clean Air Zone charges in the council is reduced to £60 (if you pay within 14 days)

On the other hand if you forget to pay your PCN fine by the end of 28 days the charges will increase to £105 (for a higher level PCN) and £75 (for a lower level PCN) and to £180 for a Clean Air Zone charge penalty PCN.

The PCN fine charges for Birmingham City Council have been updated on 31st May 2022.

The bus lane enforcement conventions being followed by Birmingham City Council have reverted to guidelines in Section 78 of the Traffic Management Act 2004 (and the Civil Enforcement of Road Traffic Contraventions Regulations 2022) from 31st May 2022.

How can I pay my Birmingham City Council PCN?

It is best to make your Birmingham City Council fine payment online on the council website using Visa Card, Master Card, Direct Debit or Maestro Card. This method saves time and is also more precise. 

You need to enter your PCN number  and your vehicle registration number  after opening this webpage to initiate the PCN fine payment online.To complete your fine submission online you also have to enter your payment card details in the next window after clicking “Search” You must remember to wait for 24 hours after your PCN is issued before attempting to pay it.

But if you want to pay by post you need to attach a check or postal order payable to “Birmingham City Council” and send it to this address:

Birmingham City Council (Highways)

PO Box 77,

Birmingham B4 7WA

You should remember to write down your PCN number and Vehicle Registration Number on the back of your check or postal order.

Your Birmingham City PCN fine is also payable by telephone. You need to dial the following number to connect to Birmingham City Council’s payments system : 0121 677 4964 . Next you need to enter your payment card details on the call as well as your card’s billing address. Your vehicle registration number and PCN number are also needed to complete your payment. This automated payments hotline is available 24 hours a day, 7 days a week.

You can also pay your Birmingham City PCN by cash using Paypoint. To pay you will have to search for your nearest PayPoint location here. A letter containing your unique Paypoint barcode is required to access the payments system. Once you have located your nearest PayPoint outlet, you can visit the location to pay your PCN in cash.

Your nearest paypoint outlet might be the PayPoint location at Upper Deans St,

The Matrix,

 Upper Deans Street,

 Birmingham,

 B5 4SG

Or PayPoint Slade Rd,

343 Slade Rd,

Birmingham,

 B23 7JX

Or PayPoint Bicknell Croft,

34 Bicknell Croft,

Birmingham,

B14 5LY

Or Newtown Convenience Store,

11 Newton Shopping Centre,

Birmingham,

B19 2SS

Or Elite International Supermarket,

51 St. Georges Street,

Birmingham,

B19 3QU

You need to pay the fine within 28 days of getting the PCN and before 14 days if you want to avail the 50% discount on offer.

What can I do to unclamp my vehicle if it has been towed away by Birmingham City Council?

You will need to visit the NSL vehicle pound in person  to unclamp your vehicle along with the following documents. Two ID Documents such as a birth certificate and a driver’s licence (as proof that you are the registered keeper of the vehicle). You should also have the insurance certificate for your vehicle and its vehicle registration certificate unless this has already been used as one of the 2 ID documents.

The amount of money you will need to unclamp your vehicle includes a £105 release fee and storage charges of £12 per day. So for example if your vehicle was towed away by a parking company 3 days ago, you will need (£12×3) + £105 = £141 to get it released from the vehicle pound. 

This sum does not include the Parking PCN fine payment of £70, which should be submitted the way a regular PCN is paid, before going to the NSL Car Pound for collecting your vehicle. It is advisable to pay your parking PCN within 14 days at the 50% discounted rate to save £35.

So you might need to have around £117 to £141 available for payment on your credit (or debit) card to get your vehicle freed from the pound.This payment can only be made using a payment card (debit or credit). The card will be charged at the vehicle pound and you can provide your payment details along with your ID documents (and paid Parking PCN from Birmingham City Council). .

The NSL vehicle pound used by Birmingham City Council to store impounded vehicles is located at this address:

NSL Services,

Phoenix Street,

West Bromwich,

B70 0AQ

The Birmingham City Vehicle Pound’s opening hours are 9:00 am to 5:30 pm from Monday to Friday. The pound also opens from 9:00 am to 12:00 am on Saturday.

Your vehicle may have been towed away because it was parked in a position obstructing traffic or causing a risk to other vehicles. Other reasons for towing away a vehicle include a request from the police or for violating parking contraventions. 

You also have the option of challenging your Parking PCN relating to the impounded vehicle if somehow you had to leave your vehicle for a medical emergency or due to Covid 19 symptoms. This PCN can be appealed online or by post but you will still have to pay the £105 vehicle release fee and £12 per day vehicle storage charges to the NSL Car Pound.

You will be provided details on challenging your Birmingham City parking PCN at the NSL vehicle pound or by calling on this number : 0121 481 2944. 

You must remember to recover your vehicle from the Birmingham City Vehicle Pound within 7 days. If you leave it there for more than 14 days, your car might eventually be sold to another buyer or scrapped.

What will happen if I don’t pay my Birmingham City Council PCN within the 28 day limit?

If you fail to pay your Birmingham City Council PCN within the 28 day limit you will be issued a charge certificate from the Traffic Penalty Tribunal. A charge certificate will increase your PCN fine by 50%.

 If this charge certificate is not paid or appealed within 14 days, you will receive a “Notice of Debt Registration” and a witness certificate from the Traffic Penalty Tribunal. The unpaid amount of the charge certificate will be treated as a debt with your local Traffic Enforcement Centre. The court order enforces that the charge certificate amount must be paid in full within the next 21 days.

Beyond this the court will use its legal powers to recover the debt from your possession.

Can I Dispute a Birmingham City Council PCN with the Traffic Penalty Tribunal if the Council dismisses my appeal?

Yes, you can dispute a Birmingham City PCN with the Traffic Penalty Tribunal if the council dismisses your appeal. The decision to disregard your appeal is formalised in the “Notice of Rejection of Representations” sent by Birmingham City Council. To register your appeal with the Traffic Penalty Tribunal you need to visit their website 

On the Traffic Penalty Tribunal’s online service you will need to enter your PCN number, the reference number from your “Notice of Rejection” letter and your Vehicle Registration Number. The challenge to Birmingham City Council’s rejection of your appeal can only be submitted online. You will require a valid email address to create an account on the Traffic Penalty Tribunal’s appeals service.

You have to attach a copy of your “Notice of Rejection of Representations” from Birmingham City Council to your case by using the tribunals’ online appeals system. This system also permits you to challenge multiple “Notices of Rejection” for PCNs at the same time.

You can use the Traffic Penalty Tribunal’s online appeals management system to attach videos and photos of the scene directly from your smartphone. You can also choose to attach video evidence from your vehicle’s parking camera to your online case file. The evidence must be supported with a well composed rebuttal of the charges levelled by your council in the PCN.

You will be able to contact the traffic penalty tribunal adjudicator for help during the registration of your appeal. The result of your appeal should be communicated to you within 14-28 days of submission. If the adjudicator at the Traffic Penalty Tribunal decides the case in your favour, the PCN will be cancelled by Birmingham City Council.

Conclusion

This blog post addressed the question “How Can I Formulate An Appeal Against My Birmingham City PCN? You need to have a folder on your computer for storing pay and display ticket evidence, medical reports from your General Practitioner and scanned copies of paid PCNs. You can also download a list of the traffic violations charged under the Traffic Management Act 2004, arranged under Parking, Bus Lane and Moving traffic contraventions. This data is essential for composing a PCN appeal online.

Citations

https://www.locaji.co.uk/west-midlands/birmingham/paypoint/

Traffic Management Act 2004 Section 78