Disputing the Congestion Charge Fine

[arnneisp]

Hi Guys,

I found you over the Internet. I hope you can help.

I've recently been penalized by the London Congestion Charge.

Being a tourist in the UK, I did not know that was something like this charge.


As tourists, we hired a car and drove through London once, we got lost and apparently crossed the congestion zone.


We did not get the payment notices until we've recently came back for a visit to the UK - after few months. By now the charges are 180 pounds.

I find this appalling. It is a tourists trap. No one bothered to inform us to be careful - not even the car hire company.

We wrote to the Transport for London, but were unsuccessful in our Representation. they claim - it was late. But of course it was late. We don't live in the UK and did not get the notices.

Is there a tribunal or a higher hierarchy we can appeal too ?

There is no sense in punishing tourists for not knowing about the charges and for not receiving the notices in time.

Thanks for any help/support.

[green_and_mean]

Originally Posted by arnneisp

Hi Guys,

I found you over the Internet. I hope you can help.

I've recently been penalized by the London Congestion Charge.

Being a tourist in the UK, I did not know that was something like this charge.


As tourists, we hired a car and drove through London once, we got lost and apparently crossed the congestion zone.


We did not get the payment notices until we've recently came back for a visit to the UK - after few months. By now the charges are 180 pounds.

I find this appalling. It is a tourists trap. No one bothered to inform us to be careful - not even the car hire company.

We wrote to the Transport for London, but were unsuccessful in our Representation. they claim - it was late. But of course it was late. We don't live in the UK and did not get the notices.

Is there a tribunal or a higher hierarchy we can appeal too ?

There is no sense in punishing tourists for not knowing about the charges and for not receiving the notices in time.

Thanks for any help/support.

It is quite hard not seeing the signs they are everywhere and start way before the zone starts. You can appeal that you didn't get the original charge and get the charge reduced back to that but ignorance of the zone is no defence, if you drive on the roads you are supposed to read the signs.

[arnneisp]

The traffic signs - are international.
The Congestion Charges sign is unique to London.
In other places, when you drive to/on a charging road - there are gates and a place to pay as you enter.

[MikeBigg]

I agree with you arnneisp - the sign that G&M posted mean something to us as we have some additional knowledge.

Visitors do not - and that sign doesn't really make things clear. Are we supposed to pay a charge when it is congested?

That said, you are supposed to familiarlise yurself with local driving. Signs may be international, but there are variations.

My quiestion is how did they track you down on your next visit?

Oh and ignore Hoenst Parking's posts - his contributions to the forum so far have been less than helpful (said with British understatement ).

[arnneisp]

Thanks Mike.

That's simple. We stay at the same place as last time... The mail just waited there.

By the way, are you sure that the charge sign appears in the UK traffic signs book ?

Even the London SMS parking system, provides information about how to pay. This sign, means nothing to a tourist and does not provide necessary information.

[MikeBigg]

Originally Posted by arnneisp

That's simple. We stay at the same place as last time... The mail just waited there.

Ah - OK.

By the way, are you sure that the charge sign appears in the UK traffic signs book ?

Even the London SMS parking system, provides information about how to pay. This sign, means nothing to a tourist and does not provide necessary information.

I have no idea about that - I have driven a fair bit around mainland europe, but have only read up on road rules in France. If I had come across a congestion charge sign in France, like the ones you passed, I'd have been equally if not more confused as I don't speak the language well enough.

All that said, I'm not sure you'd get it passed the appeals.

Mike

[Chesterexpress]

If you hired a car, then surely the hire company would have notified TFL of your home address! Or more than likely paid the fine themselves and charged it to your credit card?

[HSBCrusher]

If I didn't know about congestion charging, I could easily miss the import of the sign.

[green_and_mean]

Gives a bit of a hint you need to pay!

[HSBCrusher]

this sign says nothing about "you have to pay" or where to pay, or anything other than this is a "central zone". Someone from a different country trying to concentrate with the heavy traffic driving on the "wrong" side of the road could easily be confused by this.

[tomtubby]

arnneisp

I am unsure from your post what stage this Congestion Charge is at, so for this answer, I am assuming that it has passed the Order for Recovery. The next step will for for TfL to request a Warrant of Execution from the Traffic Enforcement Centre. This will allow the bailiff to collect the debt. You need to be VERY careful to ensure that you speak with TfL to find out from them when they request this.

As soon as the Warrant is issued, you need to file an OUT OF TIME late STATUTORY DECLARATION.

This form is FREE but you are required to have it sworn .

In your case you need to tick the top box on the PE3 to say that you did not receive a copy of the PCN.

The following box asks the reason why you did not receive this and you will need to say that you hired a vehicle while in the country and as you do not live in the UK you did not receive any of the statutory notices.

As long as you provide proof, TfL do not normally oppose Out of Times in these circumstances.

[green_and_mean]

You could always ignore the letters and get the householder to send them back saying you are a foreign national resident abroad they may well decide to give up.