Monday, 17 Jun 2024

Driver refusing to pay ‘cowboy’ council’s Clean Air Zone fines despite bailiffs threat

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Kasia Lambert, 42, paid the £16 to enter Birmingham’s CAZ, which covers the whole of the city centre, for the two days she was visiting. However, she returned home and received CAZ penalty notices from Birmingham City Council.

Kasia checked her bank app and realised the £16 had been returned to her account. Believing there  had been a misunderstanding, the driver appealed against the notices.

She said: “I included a screenshot of the ‘refund’ and explained there had been an error.

“I even offered to pay the £16 again, but I was told they didn’t see any reason to remove the fine.”

Kasia’s full bank statement, seen by BirminghamLive, shows there were sufficient funds in place when she made the transaction. The £16 is shown as having left her account, before being returned later the same day.

Now embroiled in a seven-month battle with the authority, Kasia maintains she is not willing to pay. She added: “I would rather give £380 to Ukraine than to those cowboys.”

Her initial £120 fines totalling £240, or £60 each if paid within 14 days, have since tripled due to late fees being added.

“They are currently sending letters threatening me with bailiffs,” said Kasia, “it’s like something out of Kafka.”

A blunt council letter detailing her unsuccessful appeal read: “Your vehicle registration was within the CAZ without paying the daily charge at the time, and in the manner, required.”

When a driver appeals a fine it may take longer than two weeks – the time limit allocated for a reduced £60 rate – for the authority to respond. This means, if the appeal takes longer than 14 days, the standard charge of £120 would still apply if proven guilty. 

A Birmingham City Council spokeswoman, said: “For anyone receiving a PCN, which they believe has been issued incorrectly, there are a number of opportunities for challenge or appeal. The first opportunity is with the council. Then there’s an additional option to appeal with an independent adjudicator.

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