A RETIRED couple were surprised to receive a fine of over £100 for driving in a clean air zone area in a big city they haven't visited since summer. 

Brian Marsh, 85, and his wife Angela were having lunch with friends at their family home in Stockton, near Worcester on Friday, December 9.

But Mr Marsh received a £120 fine through the post claiming he had been driving in Great Barr, Birmingham at around 4pm on that Friday.

Mr Marsh drives a Ford Kuga  and the car photographed is a Black Ford Focus, but the registration plates are almost identical apart from one digit.

Worcester News: FINED: Man said he will not pay clean air zone driving fine because he was not there FINED: Man said he will not pay clean air zone driving fine because he was not there (Image: Brian Marsh)

And the car photographed in the clean air zone was being towed away in the back of a rescue truck.

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Mr Marsh said: "We were never in Birmingham, so that fine came through the post telling us we had been driving. 

"We can't just say we weren't there because nobody would believe us.

"The registration number plate was wrong by one digit.

"The car was on the back of a rescue truck."

In the summer the couple received and paid a fine for driving in a clean-air zone in Birmingham, but they have refused to pay this new fine.

He said: "Young people are always trotting into Birmingham all the time, but I'm 85, and I have given up on Birmingham. 

"We only used to go to Birmingham to go to the theatre but since they have made the clean air zones, it has become impossible if you do not have the right car. 

"Somebody said the system is run by a computer, but you can't let stuff like that happen, and now I'm being treated like a criminal.

"The fine was very absurd, I was shocked and surprised and when I looked at our calendar, we had people around. 

"When I actually looked online, I saw that the number plate was incorrect, my acknowledgement of the error was very sarcastic. 

"I told them to go have their eyes checked, it's ridiculous. 

"I said I am waiting for a formal apology. 

"We had friends over that day, so people will be able to verify if we need to.

"I could say 'I'm sorry we were not there' but I'm sure they would not have accepted that.

A spokesperson for Birmingham City Council said: "The Council follows the statutory enforcement process for the issuing and enforcement of penalty charge notices.

"This process provides a number of opportunities to appeal or challenge a penalty charge. 

"The opportunities for challenge are also set out at each stage of the process so that anyone issued with a penalty charge notice understands how they can pay or challenge it."