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#Post#: 127013--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: Snowynight
Date: August 6, 2026, 5:59 am
---------------------------------------------------------
How should I write the representation? Thanks
#Post#: 127147--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: stamfordman
Date: August 7, 2026, 7:22 am
---------------------------------------------------------
My thoughts on this:
I am challenging the PCN because you have not provided
information that allows a diligent motorist to check the single
yellow line restriction times. As such the contravention did not
occur owing to failure to provide clear information compliant
with guidance.
I drove into the zone the evening before and parked in a bay in
Branston street to stay overnight at xxxxxx.
I then moved the car to Lionel Street the next day as I wanted
to be closer to the city centre.
I checked the restrictions for the parking bay and the zone
times on your website and both say the restriction applies
8am-6pm Monday-Saturday and not Sunday. Your website is explicit
that these are the operational hours of the Jewellery Quarter
controlled parking zone.
There was no reason to suppose the yellow line was not similarly
restricted and the only way I could have found out was finding
an entry sign I could have passed in the dark the evening
before.
You have a duty to avoid confusion among restrictions according
to guidance in the Traffic Signs Manual, especially in a large
controlled parking zone such as this. Here, the Sunday control,
only for the yellow lines, is not stated on your controlled zone
website page, and the manual is clear that confusion is likely
where parking bays in these zones operate at different times to
the CPZ entry as they are often the same.
I look forward to cancellation of the PCN.
#Post#: 127318--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: Snowynight
Date: August 9, 2026, 7:36 am
---------------------------------------------------------
Thanks very much [member=2249]stamfordman[/member]!
I'll also include links to the council website and the guidance
and attach photos and screenshots if possible.
#Post#: 127764--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: Snowynight
Date: August 13, 2026, 5:19 pm
---------------------------------------------------------
Hi, I’ve received a rejection from the council below. They
didn’t mention their website at all :(
What should I do now?
“
Thank you for your enquiry concerning the Penalty Charge Notice
detailed above.
I have given careful consideration to the circumstances you have
described but
regret that there are not sufficient grounds for the notice to
be withdrawn.
The Penalty Charge Notice was issued to your vehicle because it
was observed parked on a single yellow line when restrictions
were in force. These restrictions are indicated at the entrance
to the Controlled Parking Zone, which operates Monday to Sunday
between the hours of 8:00am to 6:00pm.
I have noted all your comments concerning a lack of sufficient
signage in this area.
However, I can confirm that there are signs situated at all
entry points into the Controlled parking Zone. It is unclear
from your letter which route you would have taken into Lionel
Street and therefore I would be unable to detail exactly which
sign you would have passed. Nevertheless when entering the City
Centre from any direction the motorist will pass a Controlled
Parking Zone time plate. Therefore, In view of this there is no
requirement for plates to be erected on each location within the
zone as the times on the entry zones apply.
I would advise you that Controlled Parking Zone signs are used
throughout the country and are common to most city centres.
These signs are shown in the Highway Code (of which all
motorists should be familiar) along with clear information
advising that the zone entry signs indicate the times when the
waiting restrictions within the zone are in force.
Motorists may also find out more information concerning
Controlled Parking Zones on the Department for Transportation
web site at www.dft.gov.uk/pgr/roads.
I have noted your comments that you read the information on the
Pay and Display
machine. However, as previously explained, the Notice was issued
to your vehicle because it was observed parked on a single
yellow line. The information indicated on the Pay and Display
machine applies to Pay and Display bays only.
I have noted your comments concerning you not understanding the
sign at the location. However, whilst I appreciate the
circumstances you have described, I would advise you as part of
learning to drive and passing your vehicle test, drivers are
required to learn the Highway Code. The Highway Code includes
information on road
signs, road markings, vehicle markings and road safety. These
markings and signs
are approved by the Department of Transport and used throughout
the Country.
I have noted all your comments and whilst I appreciate the
circumstances that resulted you parking at this location. I must
advise you that it is the responsibility of the motorist to
ensure that all parking restrictions are observed and signage is
checked prior to parking the vehicle, ensuring that the vehicle
is parked in a place not
causing a contravention. In this instance it would have been
advisable to have arranged parking where a contravention would
not have occurred.
I regret, therefore, that I am unable to withdraw the notice and
must request payment
be forwarded in settlement of the matter.
In accordance with Birmingham City Council’s Discretion Policy,
each case is judged
on its own merits, taking into account any compelling
circumstances. The decision to
enforce this case has therefore been made in accordance with
this policy which can
be viewed on www.birmingham.gov.uk/pcn.
You may still take advantage of the reduced charge of £35.00 if
payment for the
Penalty Charge Notice is received by the 03/09/2026, BUT the
discounted rate is not
available after this date and the full charge of £70.00 will be
due if payment is not
received in time.
If you would like to make payment by credit or debit card,
please telephone 0121 667
4964, (call charges from mobiles will vary), this service is
available 24 hours a day, 7
days a week, or pay on-line www.birmingham.gov.uk/PCN. Please
have the Penalty Charge Notice number and your credit card
details available.
Alternatively, cheques or Postal Orders should be made payable
to ‘Birmingham City
Council (Highways)’ and forwarded to Birmingham City Council, PO
Box 77
Birmingham B4 7WA, quoting the Penalty Charge Notice number.
Cash payments can be made at any PayPoint outlet if this letter
has a barcode printed
on it. Please take care that the barcode does not become damaged
as it may become
unreadable. There is no charge for this service.
If you choose not to send payment in response to this letter,
but wish to challenge the
matter further and you are the registered keeper of the vehicle,
please wait until the
formal Notice to Owner is sent to you. This letter offers the
opportunity to make a formal
representation against the Penalty Charge Notice. Legislation
requires the Council to
send a formal Notice to Owner to the registered keeper of the
vehicle if payment is not
made in relation to the Penalty Charge Notice. If you are not
the keeper, formal
representations may still be made on your behalf by contacting
the registered keeper
of the vehicle.
Please Note: It is not possible to enter into any further
correspondence until a
formal representation is received in response to the Notice to
Owner. Any
additional correspondence received from you prior to the Notice
to Owner being
issued will therefore not receive a reply but will be considered
should any formal
representation be received in response to the Notice to Owner.
The Traffic Management Act 2004 sets out the following statutory
grounds on which
representations may be made:
1. 2. 3. 4. 5. 6. 7. 8. 9. The alleged contravention did not
occur.
I was never the owner of the vehicle in question/ or
I had ceased to be its owner before the date on which the
alleged contravention
occurred/ or
I became its owner after the date on which the alleged
contravention occurred.
The vehicle had been permitted to remain at rest in the place in
question by a
person who was in control of the vehicle without the consent of
the owner.
We are a vehicle-hire firm and the vehicle was on hire under a
hiring agreement
and the hirer had signed a statement acknowledging liability for
any PCN issued
during the hiring period.
The penalty charge exceeded the amount applicable in the
circumstances of the
case.
There has been a procedural impropriety by the enforcement
authority
The Order which is alleged to have been contravened in relation
to the vehicle
concerned is invalid.
This Notice should not have been served because the penalty
charge had
already been paid:
(i) in full; or
(ii) at the discounted rate within the time specified in
paragraph (3) of Schedule
3 to the Civil Enforcement of Road Traffic Contraventions
(Approved
Devices, Charging Guidelines and General Provisions) (England)
Regulations 2022.
If there are any other reasons why you consider the Council
should cancel the
penalty charge notice and refund any sum already paid.
If you make a representation and it is accepted, the Penalty
Charge Notice will be
withdrawn. If not, the full amount of £70.00 will become due,
unless you wish to make
an appeal. Full details will be given to you of the appeals
procedure, which allows a
case to be heard by an independent adjudicator at the Traffic
Penalty Tribunal. The
Traffic Penalty Tribunal is an independent tribunal service
where impartial lawyers
consider appeals by motorists.
If this response has been sent via email please note it is from
an account that is not
monitored.
Yours sincerely
”
#Post#: 127772--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: tincombe
Date: August 14, 2026, 2:59 am
---------------------------------------------------------
I drove into the zone the evening before and parked in a bay in
Branston street to stay overnight at xxxxxx.
Yes, the driver moved within the zone. There was no sign on
Lionel Street, so the driver had to check the council website,
which is misleading.
IMO, incorrect I'm afraid or, if true, your grounds of
representation.
Either Branston was within the same CPZ as Lionel or not.
If yes, then the same restrictions would apply and as the driver
already knew the Branston restriction then they knew Lionel and
no further discovery was needed;
or,
If not, then wherever the driver entered the 'Lionel' CPZ would,
according to the council, have been signed. Was it? If yes, then
the driver wasn't paying attention, if not then you win if you
can prove this.
#Post#: 127823--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: stamfordman
Date: August 14, 2026, 4:26 pm
---------------------------------------------------------
I do think the council has a duty to enable people to check CPZ
times in addition to seeking out an entry sign. They fail on
this.
This case has something perhaps.
--------
Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
Owner.
Reasons
1.
for being parked in a restricted street during prescribed hours
(Code 01).
<ol start="2">
• This appeal was scheduled as an online hearing at which the
Appellant appeared in person. The Enforcement Authority (EA) was
not due to attend but instead provided their evidence
electronically.
The Appellant’s case
<ol start="3">
• In initial representations to the EA the Appellant states
<ol start="4">
• For the appeal the Appellant states, ‘Camden’s Notice of
Rejection relies on the statement that I “would have passed” CPZ
entry signage and therefore should have known the restriction
hours. This is an assumption, not evidence. I was using sat nav,
I live around 70 miles away, and it was my first time in this
area. I cannot confirm which CPZ entry point was used and I did
not see any clear CPZ entry signage that conveyed the
restriction hours. If Camden rely on CPZ entry signs, they must
prove the specific entry point/route relied upon and that
compliant CPZ entry signs were present, correctly positioned,
and clearly visible at the material time/date. The materials
provided with the rejection (CEO photos and a general CPZ
entry-point map) do not prove this, nor do they show that
restriction information was clearly conveyed at the location
where I parked.’
<ol start="5">
• The Appellant further states, ‘My representations challenged
that the restriction was not clearly/adequately conveyed. The
Notice of Rejection does not show a proper consideration of the
specific issues raised; it substitutes generic CPZ wording and
an assumption that I must have passed signs. That is not a
reasoned response to the representations made.’
<ol start="6">
• The Appellant further adds, ‘I ask the adjudicator to direct
Camden to produce: (a) the relevant Traffic Management Order
creating the restriction relied upon; (b) the CPZ sign
schedule/location plan and evidence of compliance; (c)
route/entry-point specific proof of CPZ entry signage
presence/visibility on the date (dated photos,
inspection/maintenance logs); and (d) the full CEO notes and
complete photo set. If Camden cannot provide clear,
route-specific evidence that the restriction was adequately
signed and conveyed, the appeal should be allowed and the PCN
cancelled.’
Enforcement Authority’s Case
<ol start="7">
• The Enforcement Authority (EA) rely on photographic evidence
to show the contravention occurred. The EA says this shows the
restriction is signed and clear, and, further, enforceable under
a valid Traffic Management Order (TMO), a copy of which is
provided. The EA confirm, ‘The contravention is covered in The
Camden (Parking Places) (CA-F, Camden Town Area) (No. 1)
Experimental Traffic Order 2024. The vehicle was parked on a
single yellow line. The hours of control are between 8:30am to
11pm Monday to Friday and 9:30am to 11pm Saturday and Sunday.
The Council is satisfied the road markings and signage conform
to the requirements of the Traffic Signs Regulations and General
Directions 2016.’
<ol start="8">
• The EA rely on the Civil Enforcement Officer (CEO) records,
which show checks were made at the relevant time and there was
no relevant permit attributed to the Appellant’s vehicle.
<ol start="9">
• The EA has considered the Appellant's representations and
respond, ‘The appellant states that the restriction was not
adequately conveyed and has provided evidence of the no loading
signage in place. However, the council would advise that the
Highway Code states under rule 238 that drivers must not wait or
park on yellow lines during the time of operation shown on
nearby time plates (or zone entry signs if in a CPZ). The
Council believe that the onus is on the driver to check and
ensure that they have parked in accordance with the restrictions
that are in place at any given location. The no loading
restriction was not in force at the time the vehicle had
parked.’
<ol start="10">
• The EA does not wish to exercise their discretion.
<ol start="11">
• The EA maintain the PCN was correctly issued.
Findings and Conclusion
<ol start="12">
• I have considered all materials presented by both parties.
Although each piece of evidence may not be specifically referred
to, it has contributed to, and informed, the decision I have
made.
• I make the following findings of fact on a balance of
probabilities.
<ol start="14">
• I am satisfied the EA considered the Appellant’s
representations and the points the Appellant made in sufficient
detail to allow for the basis of the refusal to be understood.
<ol start="15">
• The burden of proof initially rests with the EA to establish
a prima facie case, including the existence and terms of the
restriction relied on. The EA rely on the relevant location
being within a Controlled Parking Zone (CPZ). Schedule 5 of the
Traffic Signs Regulations and General Directions 2026 (TSRGD
2016) sets out provisions relating to CPZs. I am satisfied the
TMO and supporting materials establish the statutory basis for
the CPZ and allow the EA to enforce a contravention if one has
occurred.
<ol start="16">
• Where a CPZ is in operation, it is necessary for the EA to
properly sign entrance into the zone, so that a motorist is able
to understand the restriction in place and avoid being in
contravention.
<ol start="17">
• I accept the Appellant is unfamiliar with the area and used a
satellite navigation system, and so was unable in the hearing to
provide the exact route taken. However, the Appellant confirmed
he travelled from Kent. Therefore, with the assistance of
GoogleMaps, I was able to ascertain in the hearing, by using the
‘direction’ function ‘Kent to Hawley Road’ that it was likely
that the Appellant had entered Hawley Road from Castlehaven
Road, most likely from the Kentish Town Road side, and less
likely, but possible, from the Chalk Farm Road side. Therefore,
in the absence of the Appellant being able to provide the
specific route he took I am satisfied, on balance, that one of
these routes was taken.
<ol start="18">
• The question I must therefore decide, is whether the CPZ was
adequately signed for a driver entering from either Kentish Town
Road or Chalk Road. In this respect, I have considered the CPZ
map and the corresponding CPZ signage. On balance, I am
satisfied that the EA has produced sufficient evidence to show
that each entry point into the CPZ has been signed. While I
accept that some of the EA evidence shows that there is only one
sign present, and one sign is obscured by trees, I am satisfied
that these entry points were not likely to have been used by the
Appellant.
<ol start="19">
• Therefore, I am satisfied that on either route into the CPZ I
have found it likely the Appellant took the CPZ was in place and
would have been passed getting to Hawley Road where the
Appellant parked.
<ol start="20">
• It is finely balance but having considered the size of the
roads on which the CPZ signs are placed, the level of traffic,
and the size of Hawley Road, and taking into account the
distance from the CPZ signage to where the Appellant was parked,
I am unable to satisfy myself that a reasonably careful motorist
would have been able to notice and digest the signage
information. Taking into account the specific location, on
balance, I consider it would not be realistic for a reasonably
careful motorist to remember the times of operation of the zone,
at the distance from the CPZ signage that the Appellant’s
vehicle was parked.
<ol start="21">
• I consider this difficulty was compounded by the
loading/unloading restriction signage, that the Appellant took
to be the relevant signage for the location. I consider this is
a conclusion a reasonably careful motorist would come to.
<ol start="22">
• Therefore, taking these factors into account, I find a
contravention did not occur and the PCN has not been validly
issued to the Appellant.
Decision
<ol start="23">
• The appeal is allowed.
#Post#: 127842--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: tincombe
Date: August 15, 2026, 5:45 am
---------------------------------------------------------
Branston is in the same zone as Lionel.
#Post#: 127851--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: stamfordman
Date: August 15, 2026, 7:44 am
---------------------------------------------------------
--- Quote from: tincombe link ---
>
> Branston is in the same zone as Lionel.
>
--- End Quote ---
The question is whether the council or the OP is in a pickle.
I'd say this is worth going on with as it's 'only' a £35 punt.
You're on your second day in a zone that you had no reason to
clock the entry sign when entering as you first headed for a
parking bay.
Diligently, you know you're in a CPZ and check the bays (not
definitive but possibly indicative and see also the TSM
guidance) but more significantly the website which says
ambiguously and with no text on yellow line operation:
Jewellery Quarter zone charges and hours of operation
Charging hours are Monday to Saturday, 8:00am to 6:00pm, except
Christmas Day and bank holidays.
#Post#: 128178--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: Snowynight
Date: August 18, 2026, 5:52 pm
---------------------------------------------------------
Thanks guys.
Could you please advise on the process? I shall wait for the
Notice to Owner? How long will it take? And if I make a formal
representation and it's still rejected, what will happen next?
Would it be £70 payable then?
#Post#: 128179--------------------------------------------------
Re: PCN: Birmingham City Council, code 01 parked in a restricted
street during prescribed hours, Lionel Street
DIR By: fraser.mitchell
Date: August 18, 2026, 6:18 pm
---------------------------------------------------------
The process is that once you have the PCN in your hand, you can
submit an informal challenge, then when this is rejected and you
are the owner as per the V5C Registration Certificate, you can
wait for them to serve a Notice to Owner. At this stage the
discount period has expired. You can then submit a formal
representation against the NtO. If this is rejected, you can
then register an appeal with the adjudicators.
Sometimes, (and commonplace with London councils), they will
re-offer the discount to encourage payment. This is because at
the final, (adjudication), stage, the penalty remains the same,
being the full PCN penalty. There are no additional costs
whatsoever. So once a PCN recipient has received a rejection of
reps against an NtO, with the full PCN penalty being demanded,
it becomes a no-brainer to take the council to adjudication. If
you lose you pay the PCN, and if you win you pay nothing.
However, the council must pay the adjudication fee and also
prepare an evidence pack as well.
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