Edgware Road - ULEZ |
Edgware Road - ULEZ |
Wed, 26 Jun 2019 - 01:23
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#1
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Member Group: Members Posts: 14 Joined: 29 May 2018 Member No.: 98,152 |
Hi, wondering peoples thoughts on the below.
PCN: Route into ULEZ: Essentially, I followed the satnav late at night, didnt pay attention & wandered into the new ULEZ (red zone on the map). Do I have a chance at them 'letting me off' if I contest & explain the small incursion & provide proof (from google tracking) of my route, while also signing up to the 'auto pay by numberplate' scheme they have? Thanks, matt |
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Wed, 26 Jun 2019 - 01:23
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Wed, 26 Jun 2019 - 08:34
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Essentially, I followed the satnav late at night, didnt pay attention & wandered into the new ULEZ (red zone on the map). Do I have a chance at them 'letting me off' if I contest & explain the small incursion & provide proof (from google tracking) of my route, while also signing up to the 'auto pay by numberplate' scheme they have? You can ask of course but don't hold out much hope. |
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Wed, 26 Jun 2019 - 10:59
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#3
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
Essentially, I followed the satnav late at night, didnt pay attention & wandered into the new ULEZ (red zone on the map). Do I have a chance at them 'letting me off' if I contest & explain the small incursion & provide proof (from google tracking) of my route, while also signing up to the 'auto pay by numberplate' scheme they have? You can ask of course but don't hold out much hope. Registering with Auto Pay won't help with this PCN, but it will prevent them in the future. An update to your Sat Nav's maps might be good as well, then it'll route you round the ULEZ zone when it can. |
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Wed, 26 Jun 2019 - 20:27
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#4
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Several of us on here feel the ULEZ signs don't comply with LATOR 18 as they give no notice that the zone is subject to any sort of charge, personally I would challenge on that basis.
-------------------- 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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Sat, 29 Jun 2019 - 23:58
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#5
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Member Group: Members Posts: 14 Joined: 29 May 2018 Member No.: 98,152 |
Several of us on here feel the ULEZ signs don't comply with LATOR 18 as they give no notice that the zone is subject to any sort of charge, personally I would challenge on that basis. Thanks for the advice all, this is what I intend to send as my appeal letter. CODE Penalty Charge Notice Number: XXXXXXX
FirstName LastName, Address Line 1 Address Line 2 POSTCODE I wish to appeal against the PCN on the following grounds: I would argue that you have statutorily failed to bring my attention to the fact that any charge is payable, due to emissions. The ULEZ signs are not in compliance with The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (LATOR) Section 18, as they do not convey adequate information about the effect of the order. Section 18 states: "18. (1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure (a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;" In fact nothing of the nature and provision of the scheme is mentioned on the signs, these signs say "ULEZ - Ultra low emission zone - at all times". The text used on the sign does not indicate in any way there is a charge, as there is no reference to 'Charge', 'Fee', or 'Payment' etc. This is in contrast to signs for the Congestion Charging Zone where the requirement for the motorist to pay is clear. As such, I was not aware that entering the ULEZ zone would require a separate charge from the Congestion Charging Zone. I respectfully request for the above penalty charge notice to be cancelled. Yours faithfully, FirstName LastName |
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Thu, 11 Jul 2019 - 23:20
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#6
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Member Group: Members Posts: 14 Joined: 29 May 2018 Member No.: 98,152 |
As expected, the initial appeal was rejected. Is anyone aware of other similar cases that have since been resolved (I was unable to find any)?
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Thu, 11 Jul 2019 - 23:28
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#7
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
I have still never seen an ULEZ sign that shows a charge is payable, nor do TFL state that any do. The also misrepresent the time in which you must act. they say within 28 days the correct term should be 28 days beginning with the date of service. By legal convention they have added one day to the time allowed. In a moving traffic or parking contravention this would be a strong point. but we do not know how the CC adjudicators will view it
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 14 Jul 2019 - 17:04
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#8
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
TFL contends that adequate guidance is provided to motorists, you (rightly in my view) dispute that on the basis that the signs do not alert you to the need to pay a charge. The only way you're going to solve this is by appealing to the tribunal. TFL were never going to concede that their signage is inadequate.
-------------------- 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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Sun, 14 Jul 2019 - 18:19
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#9
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Member Group: Members Posts: 20,919 Joined: 22 Apr 2012 Member No.: 54,455 |
TFL contends that adequate guidance is provided to motorists, you (rightly in my view) dispute that on the basis that the signs do not alert you to the need to pay a charge. The only way you're going to solve this is by appealing to the tribunal. TFL were never going to concede that their signage is inadequate. And, needless to say, the Mayor has set the penalty at an outrageous £180 thus making it a real gamble for the first person to challenge the signage at London Tribunals. |
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Sat, 3 Aug 2019 - 08:49
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#10
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Member Group: Members Posts: 12 Joined: 29 Mar 2019 Member No.: 103,177 |
I note they don't refute your claim that the signs aren't compliant with LATOR.
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