A Mercedes driver from Birmingham who received a whopping £2,340 in fines for driving in the city’s Clean Air Zone slammed the city council for wrongly ticketing him. James Hammond, from Minworth in Sutton Coldfield, deliberately bought a 2003 Mercedes S500l, after his existing Mercedes C220 diesel car was deemed in breach of the city council’s Clean Air Zone (CAZ) emissions limits.
He then drove into Birmingham’s CAZ in March and April this year in the newer car thinking he was OK having checked the car on the Government’s clean air zone checker. In the space of a month, James drove into the city 13 times, each time triggering a fine. But because the council took a month to issue the charges, he did not know and ended up with an ‘unlucky’ 13.
He was shocked when the fines started landing on his doormat and immediately checked with the DVLA which confirmed his vehicle was compliant. In total, he received fines totalling £1,560 but that has risen to £2,340 as he is appealing them.
Read more: Motorist slapped with £540 fine after driving through Clean Air Zone
Mr Hammond said the fines are now worth more than his car – but he is appealing them on principle. The problem had been caused when he transferred a private number plate from his old 2000 diesel car to his five-litre 2003 petrol Mercedes. The DVLA confirmed the switch had been made, but Birmingham City Council’s systems said his car was not compliant.
The 39-year-old company director told BirminghamLive: “I bought a 2003 petrol model and checked before that I could use it in the CAZ. I changed the private plate I had on my older diesel Mercedes to the 2003 one, a S500. That’s a five-litre petrol but is compliant, when my 2.2-litre diesel isn’t.
“I got the private number plate ‘V21 JMH’ from the DVLA and had it on the same Mercedes for more than 20 years. But after I put it on the ‘new’ Mercedes I got lots of CAZ fines, 13 of them, as I’d driven into Birmingham and not known about the error.
“I called Birmingham City Council up after checking on the Government website what the Co2 emission levels were and the site said my car was compliant.”
The 2003 five-litre petrol Mercedes S500 complies with the Clean Air Zone rules but with its private number plate has led to more than £2,000 in fines
He continued: “But the city council said the 2003 diesel wasn’t. I said ‘I have changed the number plate, not the emissions’. They said given the ‘V’ number plate they have picked the car up as a 2000 model, which is wrong.
“The DVLA said the 2003 car was CAZ complaint and also confirmed the number plate had switched. They were so helpful. But I have been told by the council I have to appeal each ticket separately.
“When I spoke to the city council person…they treat you like a criminal. He said ‘go online and appeal it’. They need some training. Sometimes they are not always right.
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Mr Hammond said: “Now because the time limit for paying has passed they could take my car or come after my money, despite me appealing the decision.
“They can take 21 days to respond to the appeal but you have 14 days to pay a lower £60 fine, or 28 days to pay the higher £120 fine, after that it’s £180. If you realise about going in the CAZ with a car that isn’t compliant you can pay the £8 fee six days in advance or six days after.”
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The frustrated businessman, who lives in Kingsbury Road, added: “What I would like to do is help other people who are in the same situation. I’m a Mercedes man and could not use my car because of the Clean Air Zone.
“I am willing to fight it but someone who is more vulnerable – a little old lady or man – and they are threatened with bailiffs they may end up paying when they don’t have to. I was on the phone to the DVLA for 45 minutes three times and on hold for two hours with the city council. If you’re vulnerable that’s a joke.
“The main issue is the city council not picking up a number plate change. Another is the fines come in around a month after the visit. The first fine I received was for a March 25 trip but I received it on April 22.
“As I continued to drive in, I got 13 more fines before I knew the car was a problem. That’s too long. Also the charges shouldn’t increase when you are appealing them.”
The private number plate had been on the non-compliant diesel Mercedes for more than 20 years but was switched to a Birmingham Clean Air Zone allowed petrol car
Birmingham City Council was asked about the private number plate issue but did not respond to it. A spokesman for the authority said: “For someone who receives a penalty charge notice they can choose to pay the standard charge of £120 or they have the option of a discounted charge, if paid within 14 days.
“Alternatively, if the person believes that the penalty charge notice has been issued incorrectly they can choose to submit a challenge. If someone chooses to challenge a penalty charge notice they have up to 28 days from the date of issue of the notice and a challenge can be submitted online or by post.
“To make the process as clear and as transparent as possible the penalty charge notice includes the grounds for a challenge, in line with the relevant legislation, and the council has published clear guidelines on how it considers all representations.
“If someone is unhappy with the decision of the council to reject a challenge there is another right to appeal or right to challenge a penalty charge notice at later stages of the process.”
Have you faced issues with the Clean Air Zone or do you think it works well? Have your say in the comments below.
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