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PCN congestion charge and ULEZ Hospital Emergency, Hospital Medical Emergency - Mitigating Circumstance
YellowMETP
post Wed, 19 Jun 2019 - 22:19
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Hi,

On 7th June, I had to drive my partner to St Georges hospital, SW17 0QT (in his car) as he was suffering with symptoms of a detached retina in his right eye and he couldn't see to drive.

After being seen it was clear he did indeed have a detached retina and he was re-directed to Moorfields Eye Hospital, EC1V 2PD for emergency retinal surgery on his eye. This journey placed us in the charging zones.

We don't live in London, we live in Hampshire and are really not familiar with the congestion charging rules and regulations. We went to London and not to a local hospital as my partner has a history of eye problems and so he is under the care of a consultant at Moorfields, (hence the emergency drive into London - normally we get the train).

The history of issues on the left eye means that my partner has very poor vision in the left eye and so with the emergency in his right, he has been left unable to drive, and do much for himself post-op due to essentially being left partially sighted.

In all of this drama we didn't even think about the congestion charge and ULEZ charge. A few days after the surgery we wondered if we needed to pay these charges so on 13th June we tried to pay online and we couldn't because it had been 4 working days since the visit. My partner the telephoned and spoke to TfL customer services and they said we would have to pay the charges of £160 x2, but that we could pay them at the discounted rate of £80 x2 as soon as the PCN arrived.

Today 19th June the PCN's have arrived. One for the Congestion Charge and one for the ULEZ.

We are aware that we can give representation under mitigating circumstances of the medical emergency and the fact that my partner (as the registered owner and keeper) couldn't even see and still remains partially sighted until the post-op healing has completed etc.

My question is, has anyone submitted mitigating circumstance and won? Does anyone have any procedural advice on this case? Thanks
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post Wed, 19 Jun 2019 - 22:19
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Incandescent
post Wed, 19 Jun 2019 - 23:34
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Mitigation is totally within the power of the enforcement authority alone, adjudicators, (London Tribunals), can only decide on the law. Experience of this forum is that most London authorities, including Transport for London, tend not to use their discretion, essentially the money is more important for them than the circumstances.

All you can do is sub it reps on what occurred based on what you have said here. Post up their reply when you get it. One would hope they can show humanity, but I suspect they won't. Others may be able to find a legal reason for cancellation of the two PCNs, but I can't, so before you do anything wait a bit, but don't miss the deadline for submitting reps or paying.

This post has been edited by Incandescent: Wed, 19 Jun 2019 - 23:34
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stamfordman
post Thu, 20 Jun 2019 - 07:59
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As noted, you can only try asking for discretion but don't hold out much hope.

Have you checked the car is liable for ULEZ.
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Earl Purple
post Thu, 20 Jun 2019 - 08:25
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There is no prohibition of entering the zone, it simply involves having to pay a charge.

Therefore I'm not sure the mitigating circumstances work, and Moorfields Eye Hospital is actually on the ring-road, just outside the zone, and there are car parks nearby, as well as street parking with pay-and-display or pay-by-phone options.

You would only therefore really be able to claim if the instruction was not clear, which for CC it probably is and for ULEZ possibly not.


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Awakeatnight
post Sun, 23 Jun 2019 - 17:08
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TfL don't have any compassion. Our son had an operation at Great Ormond Street. Received PCN. Sent them hospital admission and discharge letters, blue badge, everything. Rejected claim on grounds I should have seen the signs. I never drive into London. There's been no TV or radio advertising of the ULEZ in Essex where I live. It was night and at weekend when we dropped him off and picked him up. Would have cost the NHS if we'd have insisted on an ambulance. Pretty cruel in my eyes, though I think getting cleaner vehicles is very important, there seems to be no discretion or humanity in their approach to bringing in and enforcing this charge.
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Incandescent
post Sun, 23 Jun 2019 - 17:24
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QUOTE (Awakeatnight @ Sun, 23 Jun 2019 - 18:08) *
TfL don't have any compassion. Our son had an operation at Great Ormond Street. Received PCN. Sent them hospital admission and discharge letters, blue badge, everything. Rejected claim on grounds I should have seen the signs. I never drive into London. There's been no TV or radio advertising of the ULEZ in Essex where I live. It was night and at weekend when we dropped him off and picked him up. Would have cost the NHS if we'd have insisted on an ambulance. Pretty cruel in my eyes, though I think getting cleaner vehicles is very important, there seems to be no discretion or humanity in their approach to bringing in and enforcing this charge.

It is all about getting the money in. Nothing else counts with these amoral officials.
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cp8759
post Mon, 24 Jun 2019 - 13:19
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I would challenge the penalty on the basis of the adequacy of the signage. As has been stated, none of the signs indicate that a payment is required.


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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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YellowMETP
post Mon, 29 Jul 2019 - 14:48
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UPDATE:

So we appealed both the CC and the ULEZ with a letter from the hospital stating that it would have been impossible for my partner to have paid given his medical condition at the time of the unplanned emergency treatment.

We received a 'Notice of Acceptance' for the ULEZ but a 'Notice of Rejection' for the Congestion Charge... I would have thought it would have been all or nothing, but there you go!

We now have the option to appeal the Congestion Charge with the London Tribunals process but the grounds have to be one of the six stated circumstances only...

1) I was not the registered keeper atm
2) The charge was paid in time
3) In the circumstances no penalty charge is payable
4) The vehicle was used by a person who was ot the reg keeper without consent
5) The penalty charge exceeded the amount applicable
6) The recipient is a vehicle hire firm

What next...?
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PASTMYBEST
post Mon, 29 Jul 2019 - 15:07
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QUOTE (YellowMETP @ Mon, 29 Jul 2019 - 15:48) *
UPDATE:

So we appealed both the CC and the ULEZ with a letter from the hospital stating that it would have been impossible for my partner to have paid given his medical condition at the time of the unplanned emergency treatment.

We received a 'Notice of Acceptance' for the ULEZ but a 'Notice of Rejection' for the Congestion Charge... I would have thought it would have been all or nothing, but there you go!

We now have the option to appeal the Congestion Charge with the London Tribunals process but the grounds have to be one of the six stated circumstances only...

1) I was not the registered keeper atm
2) The charge was paid in time
3) In the circumstances no penalty charge is payable
4) The vehicle was used by a person who was ot the reg keeper without consent
5) The penalty charge exceeded the amount applicable
6) The recipient is a vehicle hire firm

What next...?


Post both the letters


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YellowMETP
post Mon, 29 Jul 2019 - 15:56
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Letters... THANKS smile.gif













Photo credit hosting goes to Image Shack: www.imageshack.com


This post has been edited by YellowMETP: Mon, 29 Jul 2019 - 16:00
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cp8759
post Mon, 29 Jul 2019 - 16:57
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Show us the challenge letters you sent.


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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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YellowMETP
post Mon, 29 Jul 2019 - 18:41
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Photo credit goes to image shack for hosting www.imageshack.us

This post has been edited by YellowMETP: Mon, 29 Jul 2019 - 18:44
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stamfordman
post Tue, 30 Jul 2019 - 09:46
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They've said the congestion charge PCN has been paid and no further action will be taken.

I presume you haven't paid it and this is a typical TFL boilerplate mistake.
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YellowMETP
post Tue, 30 Jul 2019 - 10:15
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No, it hasn't been paid and to be even more confusing, it says the charge is £160, then on the last page it says the balance is £80 ?
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PASTMYBEST
post Tue, 30 Jul 2019 - 10:53
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The statement that the PCN is paid is strange but then you need to go on and read the letter as a whole it tells you they will accept the discount £80 within 14 days but it also tells you the penalty is £160 that is correct the penalty was always £160 but can be discounted or surcharged if paid early or late.

I would consider the discount making an argument based on the rejection is risky and an adjudicator cannot rule on discretion so your representation grounds are lost


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YellowMETP
post Tue, 30 Jul 2019 - 11:32
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Thanks for your time smile.gif
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PASTMYBEST
post Tue, 30 Jul 2019 - 12:35
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QUOTE (YellowMETP @ Tue, 30 Jul 2019 - 12:32) *
Thanks for your time smile.gif


sorry its not what you want to hear, but whilst we could help you make an arguable case against the ULEZ charge the CC is much more difficult


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stamfordman
post Tue, 30 Jul 2019 - 12:38
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One out of two isn't bad for TFL - paying the CC at discount is your best bet I think.
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YellowMETP
post Tue, 30 Jul 2019 - 13:02
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Paid and like you said, 50% win aint bad!! headbang.gif

Pleased that it's done with!!

wav.gif
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