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First ULEZ Charge Leniency
rwtig
post Thu, 25 Feb 2021 - 15:50
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Hi all,

I recently received 2 ULEZ penalty notices for driving in the ULEZ zone on consecutive days. I was using my mum's car and didn't realise it wasn't compliant. I have previously driven in the zone with my own car and have always paid the charge on time.

I would have thought if the main goal was to reduce emissions in London, that due to the very sparse signage they would be happy to give a warning the first time. I fear however that it is also seen as a revenue generator (based on my experience with London council's and parking in the past).

Is it worth appealing this and asking for leniency as it is the first time I've be sent a fine (and have paid the charge before)? Otherwise I acknowledge I am bang to rights and will reluctantly pay up the reduced amount.

Thanks
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post Thu, 25 Feb 2021 - 15:50
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DJ Lexy
post Thu, 25 Feb 2021 - 16:17
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TfL and leniency don't really go in the same sentence.

For some PCNs the advice is "it doesn't hurt to ask" but I'm not sure if the discount is re-offered with TfL ULEZ PCNs. If it isn't, I wouldn't ask because there's a high chance the answer will be no, and you'll end up paying double.
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stamfordman
post Thu, 25 Feb 2021 - 16:21
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With two on consecutive days you could pay the first and ask for discretion on the second one as you didn't realise it wasn't compliant.

Did you pay the congestion charges?
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rwtig
post Sat, 27 Feb 2021 - 16:27
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I also had to pay the congestion charge fine which I've already done. It was an all around nightmare (£240 in total if I pay all at the discounted price) as I thought the congestion charge stopped at 6.30. I haven't driven in London for years in a car (occasionally I go in by motorbike) and didn't realise it had been moved later.

If I'm able to challenge and still pay the reduced amount on rejection I feel I may as well ask. However I can't find anywhere confirming if this is the case or not.
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cp8759
post Sat, 27 Feb 2021 - 21:21
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TFL will normally re-offer the discount if representations are made promptly, but there is no guarantee of this.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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rwtig
post Mon, 19 Apr 2021 - 09:25
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The representation was unsurprisingly rejected by TFL. I've uploaded the letter and wondered if:

- The rejection was made on the 12th April yet my appeal was on the 1st Match. I thought I had read somewhere they would respond within 28 days (this is the same time limit they put on you as an individual to respond) which they have not done. Is this grounds for an appeal?
- Is there anything else in the letter that I could possibly appeal on?


I feel they are being particularly unreasonable here, although I'm not surprised. If there are no grounds for appealing I will simply pay the discounted charge in the next few days.

Thanks








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Incandescent
post Mon, 19 Apr 2021 - 16:40
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Unfortunately, TfL are now not just venal and rapacious, but also ruthless. This is no doubt due to them being almost bankrupt due to the loss of fares income as a result of the Covid19 crisis with nobody using their buses or trains. Even though congestion in London is much reduced, they have made it 7 days a week and up to 22.00 as well. So clearly this is pure venal money-grubbing and nothing whatever to do with congestion. If they won't give way, you're better off paying the discount because you'll lose at London Tribunals as they cannot accept mitigation, only legal issues. You're not the first to be caught out by the extension of the hours and days.
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rwtig
post Thu, 22 Apr 2021 - 16:59
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A quick check that there's no grounds for appeal on them taking >40 days to respond to my challenge?

If not I'll pay tomorrow and vow to never regularly take another form of TFL operated transport. Bike/motorbike only for me now when visiting London.
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stamfordman
post Thu, 22 Apr 2021 - 17:09
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QUOTE (rwtig @ Thu, 22 Apr 2021 - 17:59) *
A quick check that there's no grounds for appeal on them taking >40 days to respond to my challenge?

If not I'll pay tomorrow and vow to never regularly take another form of TFL operated transport. Bike/motorbike only for me now when visiting London.


No, there is no time limit for replying but we would say once they go over 3 months that becomes unreasonable and has been stated as so by the tribunal on other contraventions.

You'll be pleased to know that TFL allows motorbikes in most of its bus lanes. But watch out for council bus lanes...
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cp8759
post Wed, 28 Apr 2021 - 22:10
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QUOTE (stamfordman @ Thu, 22 Apr 2021 - 18:09) *
No, there is no time limit for replying but we would say once they go over 3 months that becomes unreasonable and has been stated as so by the tribunal on other contraventions.

The RUCA adjudicators don't currently accept collateral challenges. I'm helping someone with a review of that but unless it goes to the High Court, it might not get overturned.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Incandescent
post Wed, 28 Apr 2021 - 23:12
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QUOTE (cp8759 @ Wed, 28 Apr 2021 - 23:10) *
QUOTE (stamfordman @ Thu, 22 Apr 2021 - 18:09) *
No, there is no time limit for replying but we would say once they go over 3 months that becomes unreasonable and has been stated as so by the tribunal on other contraventions.

The RUCA adjudicators don't currently accept collateral challenges. I'm helping someone with a review of that but unless it goes to the High Court, it might not get overturned.

So TfL can act totally illegaly and get away with it ? Surely not ! Have the RUCA adjudicators gone native ? Welcome to Great Britain 2021 !
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