Woman can't afford to pay fine after accidentally driving through Birmingham's Clean Air Zone

A woman from Hinckley in Leicestershire who is on Universal Credit, has been charged more than £300 by Birmingham City Council after she unknowingly drove through a Clean Air Zone area.

Gemma Simm, who is 40, said she was left unable to pay £360 in penalty charge notices, after not having enough money to pay the initial amount before the payment period ended.

Ms Simm says she accepts the charges after she drove through Birmingham's Clean Air Zone, without knowing the policy, but claims there is "no support" for people struggling to pay their fines. 

When trying to contact Birmingham City Council for help with paying her fine, Ms Simm said nobody picked up the phone.

Concerned about what could happen if she doesn't pay the fine, she said: "I have found it really difficult because I have had no one to ring up and speak to about it. If I don't pay, they're threatening to send the bailiffs round."

"If I have got a penalty charge I will pay, but I can't pay £180 each way. I have asked if I can pay it over two months. I can't get through to anybody."

"I have at least five telephone numbers that I've found or been given - and no one can help me," she continued.

Ms Simm says she wants to see more help for people not being able to pay fines.

She said: "I need to provide an appeal to the tribunal, however, with my anxiety issues and no other support, I don't know if I've missed the deadline. I'm on Universal Credit and PIP and .. with a mortgage."

"I have now received a letter from county courts stating that if I don't pay [two lots of] £180 they will send the bailiffs. I have sent letters back to them, which I have pictures of. I have explained I'm on [Universal Credit] and cannot pay this in one go."

"It's really upsetting. It's really put the anxiety in me and the stress. I really don't think anything worse can come out of this."

"There's no phone numbers to call. Every option I tried to call they kept telling me it was the wrong number. I don't know where to go."

What is the Clean Air Zone in Birmingham ?

The Clean Air Zone in Birmingham was introduced in 2021 and covers all roads within the A4540 Middleway, including the A38 and the tunnels, excluding the Middleway. It is in non-stop operation.

More than 300 signs have been put up around the city to inform drivers when they are approaching a Clean Air Zone.

When asked about the signs, Ms Simm said she was concentrating on driving and not the hundreds of signs for motorists driving into the city.She said: "I didn't see any signs. If I did it was just a sign of a cloud and I didn't know what that meant."

"I'm using Google Maps and that's not telling me anything. I'm concentrating on the traffic and the sat-nav."

A spokesperson for Birmingham City Council said all drivers have a specific period to pay the charge and if they are unable to do so within the time limit an additional cost will be added each day.

Unable to comment on individual cases, they said: "All motorists who enter the Clean Air Zone using a non-compliant vehicle, which is not exempt, have a 13-day payment window to pay the Clean Air Zone charge. The charge is £8 per day for cars, taxis, and LGVs."

"Failure to pay the daily fee within the 13-day payment window may result in a Penalty Charge Notice (PCN) being issued. Should a PCN be issued, the initial charge is £120, with the opportunity to pay at a discounted rate of £60 if paid within 14 days."

"If no payment is made, the amount increases depending on the time it has been outstanding. All local authorities including Birmingham City Council need to adhere to this statutory process and therefore it is not possible to permit a motorist to make payments of a Penalty Charge Notice in installments."

"A case will only be referred for bailiff action after several months if the case remains outstanding following the service of various statutory documents to the registered keeper of a vehicle."

"However, once a case has been referred for bailiff action it may be possible for a motorist to enter into a repayment plan directly with the bailiff company.”