LEZ, Hire van and fine increase Options

[GreatDaneFreya]

Hi all
Just looking for some help regarding a LEZ fine
Basically I hired a van in France and entered the LEZ
I take full responsibility for not knowing the law but the French hirer took over nine months to notify TFL and the fine has increased considerably.
I have asked for a review of the fine back to the initial figure for first contact with the driver and I have a hearing date.
Does anyone know of a legal precident for this to assist in my case?
All I ask is that I am given the opportunity to pay the fine on the first penalty and not after the massive increase due to the French hirer taking their time to reply
Cheers

This post has been edited by GreatDaneFreya: Mon, 6 Apr 2020 - 11:51

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[cp8759]

I've asked for your post to be moved to the correct part of the forum, in the meantime please post up all the paperwork you've received, just redact your name and address. There won't be space to upload on here so use an external site like imgur.com or imgbb.com

[GreatDaneFreya]

Thanks CP8759 just unsure of how to navigate this site. What area should I be in?

This post has been edited by GreatDaneFreya: Mon, 6 Apr 2020 - 19:20

[PASTMYBEST]

Thanks CP8759 just unsure of how to navigate this site. What area should I be in?

LEZ or ULEZ are civil penalties, the thread has been moved to te correct forum just post the documents we want to start of assessing your liability and also the amount demanded

[mickR]

Wasnt there a thread on exactly this just recently??

[cp8759]

Thanks CP8759 just unsure of how to navigate this site. What area should I be in?

The area where it is now. Can you please upload the documents you have received? Use an external site like imgur.com to host the images.

[GreatDaneFreya]

[indent][/indent]

Wasnt there a thread on exactly this just recently??

Thanks mickR, do you have any idea what the outcome was?

Thanks CP8759 just unsure of how to navigate this site. What area should I be in?

The area where it is now. Can you please upload the documents you have received? Use an external site like imgur.com to host the images.

Here you go CP8759, this is all I have received plus the other fine for the next day. It's come via EPC after nearly 10 months since the offence
Any help would be great.

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[stamfordman]

If it's a newish van you hired it was probably compliant with LEZ and the penalty is then essentially for not registering to enter the zone. As you live in France I can't see they have any way to collect this penalty.

[cp8759]

Have you or anyone else given a UK address for you to TFL?

[GreatDaneFreya]

If it's a newish van you hired it was probably compliant with LEZ and the penalty is then essentially for not registering to enter the zone. As you live in France I can't see they have any way to collect this penalty.

So, if it is a new van, which it was, why did I get the fine in the first place? Do you have to register just to e get the LEZ

Have you or anyone else given a UK address for you to TFL?

Nope, they only have my French addy

[stamfordman]

So, if it is a new van, which it was, why did I get the fine in the first place? Do you have to register just to e get the LEZ

Nope, they only have my French addy

All authorities rely on the DVLA database for UK vehicles - obviously a French one isn't on it so by default TFL asks people to register to either pay the charge or qualify for exemption. They do not look at pictures of vehicles and determine this.

The registration process requires evidence and takes time so it's obviously not practical for someone renting a van.

The instructions on the TFL site are though misleading and do not really tell you what's what with foreign vehicles. Frankly their site is a mess.

In your shoes I would not be paying this regardless of what happens in the hearing and I'm happy to help prepare evidence pointing out the inconsistencies on the site. When is the hearing? Have you got a letter about this - if so post it.

[Mad Mick V]

Been looking at The Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (N.B. might be some later legislation).

French hire company so no DVLA enquiry necessary but :-

6(3) Where the relevant vehicle is not registered under the Vehicle Excise and Registration Act 1994, charges and penalty charges shall be payable by the person by whom the relevant vehicle was used or kept on a road at the relevant time;


and----

6(6) Where at the relevant time—

(a)the registered keeper of the relevant vehicle was a vehicle-hire firm;

(b)the relevant vehicle was hired from that firm under a hiring agreement;

©the person hiring it signed a statement of liability acknowledging his liability for any charges or penalty charges incurred under a charging scheme during the currency of the hiring agreement,

charges and penalty charges shall be payable by the hirer of the vehicle.


If the OP's objective is to pay the charge but at the original rate the key is the undue delay and consequent unfairness (increased charges) caused by the French hire company. In other words an unconscionable delay has been highly prejudicial to the appellant.

If he/she wishes to fight then the hire agreement must accord with this in order to effect transfer of liability:-

http://www.legislation.gov.uk/uksi/2000/2546/schedule/2/made

Otherwise, as others have said, I cannot see them chasing the debt in France but they can ask nicely.

Mick

This post has been edited by Mad Mick V: Sat, 25 Apr 2020 - 14:27

[cp8759]

Have you or anyone else given a UK address for you to TFL?

Nope, they only have my French addy

So TFL can't enforce it anyway.