Help - Search - Members - Calendar
Full Version: congestion charges
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
cop a load of this
Drove to London the other weekend, stayed two nights, parked outside hotel for a brief time, returned home and received two £60 fines - apparently congestion charges, I wasnt aware of this happening and on investigation it turned out that the hotel concierge had driven my car from the hotel to their allocated parking place and back again, he was responsible for getting the photograph of my number plate, am I responsible for the fines now recieved via the post ?

Thanks for any advice
SchoolRunMum
Was the concierge moving the car with your knowledge?
Ocelot
Just to confirm: You didn't enter the congestion charging zone yourself at all, just the concierge? I would appeal, but don't hold that much hope.

According to TFL:

8 It was my vehicle but I wasn’t driving
The registered keeper is ultimately responsible for ensuring that the Congestion Charge was paid and will, therefore, also be the person who is liable to pay any resulting PCNs. The keeper remains liable even if s/he did not drive the vehicle within the Congestion Charging zone, but allowed a family member or friend to drive the vehicle.
Should the vehicle be stolen or driven without your consent, you will need to provide evidence to show that the vehicle had been taken without authorisation.

www.tfl.gov.uk/.../helping-you-with-your-congestion-charging-penalty- charge-notice.pdf
Bagshot
Hotel name and address?
cop a load of this
it was the soth kensington radisson hotel,

many thanks to those who replied, it is appreciated,

the car was taken with consent, but not informed that they would go through congestion charge zone at the appropriate time,
I arrived outside congestion charge times but the concierge drow it durin times within congestion charge

it was the south kensington radisson hotel,

many thanks to those who replied, it is appreciated,

the car was taken with consent, but not informed that they would go through congestion charge zone at the appropriate time,
I arrived outside congestion charge times but the concierge drove it during times within congestion charge
Neil B
The info posted by Ocelot suggest rather more stringent rules than for parking, etc. on TWOC.

How accurate that is in relation to applicable legislation though is unknown. Author may have 'interpreted'.

A difficult one to argue in the circumstances you describe in any case.

BUT - just remind me of the applicable legislation - (top of PCN). May be worth a look to check.
Bagshot
What day of the week and time of day did you arrive at the hotel with your car? What day of the week and time of day did you leave the hotel with your car?

What arrangements had you made with the hotel regarding parking? I would imagine that they will have put something in the small print of your contract regarding parking.

My initial opinion is that if you arrived at the hotel (in the zone) outside of the congestion charge time period, left them in charge of your car, then left outside the congestion charge time period, then they must at least have made you aware that they were going to go into the zone, or paid the congestion charge on your behalf. Sorry about all the questions, but it seems to me that the hotel is to some extent responsible unless they have covered themselves.
cop a load of this
Thanks for the info. I drove to London on the weekend and returned on Tuesday. My car plate was photographed at 7:57 on the Monday morning and 8:30 a.m. on the Tuesday as the South Kensington Radisson Hotel concierge was driving my car to and from the car park they use!

Bagshot
What time did you leave on the Tuesday?
Did you use your car yourself at all between arriving at the Radisson and leaving?
Ocelot
QUOTE (Neil B @ Sun, 14 Nov 2010 - 14:22) *
The info posted by Ocelot suggest rather more stringent rules than for parking, etc. on TWOC.

How accurate that is in relation to applicable legislation though is unknown. Author may have 'interpreted'.


It does say 'this is not a legal document' at the top of the pdf, so it may just be their rules and not legally binding.
Bagshot
...and the OP still hasn't told us when they themselves were driving over this period, nor posted the documents from TfL. Happy to help if OP is interested, but otherwise...
Neil B
QUOTE (Bagshot @ Mon, 15 Nov 2010 - 21:22) *
...and the OP still hasn't told us when they themselves were driving over this period, nor posted the documents from TfL. Happy to help if OP is interested, but otherwise...


Yep. I only asked to be reminded of the Legislation in the heading!

Never mind, got it. Wording re TWOC is

(d) that the vehicle had been used or kept, or permitted to be used or kept, on a road by a
person who was in control of the vehicle without the consent of the registered keeper;



Pretty much the same as parking, etc.

which appears to suggest the webpage Bagshot referenced was kinda describing a bit of 'attitude' on TFL's part. That page is also referenced on an accompanying 'Guidance' leaflet a previous poster received. Possibly prjudicial then?

----------
Failing an attempted appeal I guess some progress might be made via approaching the hotel themselves as others suggested.

As an aside - a WARNING to CC transgressors:-

Section 20 of the Regs is beautifully entitled --

Enforcement by execution.

icon_axe.gif icon_hang.gif icon_hang.gif icon_hang.gif icon_axe.gif
cop a load of this
QUOTE (Bagshot @ Sun, 14 Nov 2010 - 20:24) *
What time did you leave on the Tuesday?
Did you use your car yourself at all between arriving at the Radisson and leaving?



appologies for lateness of reply was out of the country ,,,left at 7 AM did not use car during stay only to arrive and go, many thanx
Bagshot
QUOTE (cop a load of this @ Sun, 14 Nov 2010 - 19:46) *
... I drove to London on the weekend and returned on Tuesday. My car plate was photographed at 7:57 on the Monday morning and 8:30 a.m. on the Tuesday as the South Kensington Radisson Hotel concierge was driving my car to and from the car park they use!


I'm not understanding something here. You arrive at the hotel on Sunday. For some reason the hotel doesn't move your car to their local car park until after the congestion zone time has started on Monday. Then after you have left the hotel with your car at 07:00 Tuesday, the hotel concierge is photographed driving it at 08:30?

Incidentally, leaving the hotel at 07:00 would not have been early enough to avoid the charge. You would have needed to be clear of the zone before 07:00.

It is probably worth posting up all the documents you have been served with so that we can get a clearer view of what has happened here.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.