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Edgware Road - ULEZ
mini_mattie
post Wed, 26 Jun 2019 - 01:23
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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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post Wed, 26 Jun 2019 - 01:23
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stamfordman
post Wed, 26 Jun 2019 - 08:34
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QUOTE (mini_mattie @ Wed, 26 Jun 2019 - 02:23) *
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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DastardlyDick
post Wed, 26 Jun 2019 - 10:59
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QUOTE (stamfordman @ Wed, 26 Jun 2019 - 09:34) *
QUOTE (mini_mattie @ Wed, 26 Jun 2019 - 02:23) *
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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cp8759
post Wed, 26 Jun 2019 - 20:27
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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.


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mini_mattie
post Sat, 29 Jun 2019 - 23:58
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QUOTE (cp8759 @ Wed, 26 Jun 2019 - 21:27) *
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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mini_mattie
post Thu, 11 Jul 2019 - 23:20
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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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PASTMYBEST
post Thu, 11 Jul 2019 - 23:28
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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


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cp8759
post Sun, 14 Jul 2019 - 17:04
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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.


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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 Sun, 14 Jul 2019 - 18:19
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QUOTE (cp8759 @ Sun, 14 Jul 2019 - 18:04) *
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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Barndoor
post Sat, 3 Aug 2019 - 08:49
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I note they don't refute your claim that the signs aren't compliant with LATOR.
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