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#Post#: 18860--------------------------------------------------
TFL: Paid ULEZ charge but received PCN as trip lasted beyond
midnight
DIR By: Wilbo
Date: April 2, 2024, 10:11 am
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Hello all,
I'm extremely careful about emissions charges etc. but
annoyingly have still been caught out by TFL's sneaky charging
system.
My trip to London lasted for less than 24 hours. I paid the
charge online, did not realise that a second charge would be due
if staying after midnight and so have received a PCN (attached)
with what seems to me a wildly disproportionate fine of £180
(reduced to £90 if paid quickly). This seems very unfair to me.
Two questions:
1) Do I have any chance of getting out of this?
2) Is it necessary to refer only to 'the driver' in this case or
is that only for private fines?
My draft appeal text is as follows:
Dear Sir / Madam,
I drove to London from Stroud in Gloucestershire on 16 March
2024. Since I was entering the ULEZ charging area, I made sure
to pay the charge on my arrival. My receipt number is
XXXXXXXXXX
Nonetheless, I have received a PCN from you since my trip lasted
until after midnight on the day in question, and thus spanned
two charging days. Since I am not from London I was unaware of
the midnight-to-midnight charging scheme and naturally assumed
that only a single payment was necessary for a trip lasting less
than 24 hours. It was not my intention to avoid the second
charge (for 17 March 2024) and I only neglected to pay it due to
inadequate information provided by TFL.
I paid the charge for 16 March after accessing the following
page, via a Google search for the terms ‘pay ULEZ charge’:
HTML https://tfl.gov.uk/modes/driving/pay-to-drive-in-london
Nowhere on the page does it mention that a second charge would
apply to a driver who entered the zone for less than 24 hours,
but spanning two 24-hour charging periods. Since this is
counter-intuitive (a motorist would naturally assume that only a
single charge applied to a trip lasting less than 24 hours) the
lack of clear information is significant. When I clicked on the
‘PAY’ button and followed the instructions, the online payment
process likewise did not inform me that I would have to make two
payments if my trip lasted beyond midnight.
Regulation 18 (1)(a) of the Local Authorities’ Traffic Orders
(Procedure) (England and Wales) Regulations 1996 makes clear
that where an order (such as the ULEZ scheme) has been made, any
signs should secure ‘that adequate information as to the effect
of the order is made available to persons using the road’. None
of the signs informing drivers of the ULEZ charge (which can be
viewed on your website here:
HTML https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/ulez-road-signs)<br
/>make any mention of midnight-to-midnight charging, or give any
indication that a driver would need to pay two charges if they
remained in the zone after midnight.
In the circumstances, and noting once again that it was not my
intention to avoid the second charge, I would be very grateful
if you would agree to cancel the PCN on this occasion. I am of
course happy to make a payment of £12.50 to cover the actual
charge for 17 March 2024, of which I was not aware until I
received the PCN this morning.
Kind regards etc.
----
I'd be very grateful for any advice you can give. Many thanks in
advance!
HTML https://i.ibb.co/FqRb5ck/PCN.jpg
#Post#: 18869--------------------------------------------------
Re: TFL: Paid ULEZ charge but received PCN as trip lasted beyond
midnight
DIR By: fraser.mitchell
Date: April 2, 2024, 12:07 pm
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Well, our esteemed administrator says all TfL PCNs are open to
challenge and cancellation, so wait until he comes on.
You're not the first person on here who has been caught out by
being in a CAZ or ULEZ over midnight and only paying for one
day. There has been a case in Bristol (as I recall) where the
person went into the zone at about 10 minutes to midnight, and
paid for the following day but got a PCN in the post for the 10
minutes. However Bristol PCNs are unlawful but so far this
hasn't been tested at adjudication.
#Post#: 18883--------------------------------------------------
Re: TFL: Paid ULEZ charge but received PCN as trip lasted beyond
midnight
DIR By: ivanleo
Date: April 2, 2024, 6:12 pm
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There is an issue with the TFL notice of rejection template that
may save the day. Nothing in your representation will persuade
TFL to cancel the penalty charge, but have a look at these
cases:
Nayeem Haque v Transport for London (2220767288, 15 November
2022)
HTML https://drive.google.com/file/d/1KavlK0nNvWS2eI9ICkqjBQRg9-L-2mHc/view
Mike Welch v Transport for London (2230428700, 18 November 2023)
HTML https://drive.google.com/file/d/1ijJW4O3zHz-LOkVRi4QHmdf983n1yyJ8/view
Lubavitch Synagogue v Transport for London (2230535074, 5
February 2024)
HTML https://drive.google.com/file/d/1xokOkjdoJf0e5CBjBP7smnErCrMxps0m/view
Commercial Plant Services Ltd v Transport for London
(2240018512, 12 February 2024)
HTML https://drive.google.com/file/d/1qwj3XYfPvFZBh-ag3HYuQEUHtFXwxvHf/view
Mathew Mathai v Transport for London (2240062219, 15 March 2024)
HTML https://drive.google.com/file/d/1QoDnU5djhqtHMDDHbPiHIhVOC7KmHxIZ/view
The Commercial Plant case is helpful as TFL applied for a review
that got thrown out.
So I suggest you send your representation asap as you want to
get it in during the discount period, then post up the notice of
rejection when you get it and if there is an exploitable flaw
we'll help you with the next steps.
#Post#: 18905--------------------------------------------------
Re: TFL: Paid ULEZ charge but received PCN as trip lasted beyond
midnight
DIR By: Wilbo
Date: April 3, 2024, 6:01 am
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--- Quote from: cp8759 link ---
>
> There is an issue with the TFL notice of rejection template
that may save the day
> ...
> So I suggest you send your representation asap as you want to
get it in during the discount period, then post up the notice of
rejection when you get it and if there is an exploitable flaw
we'll help you with the next steps.
>
--- End Quote ---
Thank you so much, I'll do exactly as you say. Am I ok phasing
it as I have (re: being the driver), or should I rewrite it?
Thanks again – this forum is fantastic!
#Post#: 18943--------------------------------------------------
Re: TFL: Paid ULEZ charge but received PCN as trip lasted beyond
midnight
DIR By: ivanleo
Date: April 3, 2024, 12:17 pm
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If you're both the driver and the registered keeper there's no
reason to rephrase it.
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