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Found 18 results

  1. Hi all, Wondered if anyone could help. I recently purchased a new vehicle and had driven over Waterloo Bridge during the congestion charge times forgot that the vehicle was not registered on CC autopay after driving my previous vehicle for so long which had been registered on autopay for a long time. I received no warning letters nor a bill for the congestion charge simply a £65 PCN straight away. I understand I messed up by forgetting to set up the autopay on the new car but obviously not everyone is on top of their game 24/7. Is there any way around this or to appeal it in anyway? Any advice/clarification would be appreciated. Thank you Regards
  2. Wondering if one of the experienced users on here can help here with this one? Yesterday afternoon I found my car clamped by Marstons Bailiffs - no paperwork whatsoever only a scribble and phone number so I phoned them to find out that apparently I failed to pay the congestion charge in November last year but know nothing about it as they send all paperwork to a previous address even though I updated my address with the DVLA in 2017!!! Then the bailiff stopped answering any of calls when I tried to ask her about PCN information etc and the TEC phonelines were not being answered yesterday so in a panic I phoned TfL got my PCN details, filled out the PE2/PE3 forms and headed into central London to the local magistrates court to get it signed for £25 (yes I now realise I could have gone to county court and got it for free but never mind)- was in major panic as bailiff was threatening to tow car in 2 hours- filed everything with TEC at yesterday and just had confirmation of filing today. So now TfL have it the question is how long will it take to halt recovery and will they remove the clamp? Also who can I phone for advice? TfL say they have not received the filing from tec yet and the bailiffs wont answer my calls. I need the car as I am the named driver for my disabled father who needs to be taken back and forth to hospital. This has caused me an undue amount of distress and i genuinely dont feel i have done anything wrong - had I known id have to pay a congestion charge on the day in question i would have done. as it happens i have no recollection of that day whatsoever was it was a year ago and i have no access to any paperwork (bailiff has refused to give me anything ive asked for).
  3. Hi , re Congestion Charge non payment. On the 13OCtober 2016 when the closure of Tower Bridge was in place I just realised , upon receiving a PCN today, that I had entered the congestion charge via liverpool street station while according to TFL that was not the correct diverted route. I was genuinely and truly sure it was. Funny enough the PCN came 1 month after it all had happened when memories are toally faded away and I was sure there was some sort diversion sign directing me through that CC area . Eventually a small yellow sign that barely a motorist could see in the middle of the crazy traffic when you already need to have sights on every move you make .. . Even if there was any diversion sign still, as I knew from the massive sign in Tower bridge seen month before about the closure period and by a quick read on METRO news, I was aware I could cross London Bridge. Hence I automatically though and logically that that would be a correct route. Any help in this or right things to write in my representation? I also would not see any reason why I should not have paid the CC charge if was aware of it, especially having 24h time to do it... would much appreciate yur help was actually thinking to write the following... Dear Sir/Madam, I would not not consider myself liable for the congestion charge (CC) non-payment penalty because I was in truth and genuinely thinking to follow a diversion for Tower Bridge closure. I am also very surprised that this communication come after a month from of the fact. I truly entered the Congestion Charge is because of Tower Bridge works and I am sure I have seen a sign diverting me toward Bishop gates which seems pretty logical also as way to follow as diversion. I don’t see any reason why I should have not paid the congestion charge if there’d be no closure of Tower Bridge and I had gone through that part of the Congestion Charge area. If I was aware of that I would have had time to pay till the day after but again and in bona fide I was totally not aware as sure of been following the diversion. I would be so grateful if you could accept my apology and accept the fair minimal usual payment for entering the Congestion Charge zone. Yours sincerely,
  4. Hi all This is my first post and feeling pretty stressed My background , well was working in oil and gas for the last 20 years until i was laid off in October 2015 and only just started work again (first payday on 28th Oct) all my savings gone on bills but now behind on council talk and Mortgage but payment plans in place with them. I also have a step change management plan in place While i was unemployed i tried to claim on benefits but was turned down as not payed enough National Insurance this year !! My wife received a letter through the door from Equita today from a congestion charge , i had a payment plan in place £25 a week but being unemployed and earning nothing i fell behind on that so hence enforcement letter saying i owed £419 client debt £202 Paid £92.92 Compliance fee £235.00 Enforcement fee £235 Outstanding £419.92 I phoned the Bailiff tonight who was damn right horrible tried to ask for a payment plan he flatly refused and said i had a week to pay the £419.92 which i could pay next week (the last day i have according to him) out of my wifes wages but that would only leave £200 for us for 3 weeks or i could pay half of the £419 and just survive until i get my first pay packet. He will not have any off this and will only except full payment Feeling really stressed about this worked all my life and im 42 first time been in this situation Can anyone advise please Thanks Tony
  5. I would be very grateful if anyone could help me with a congestion charge appeal. In October 2015, I completely forgot to pay a congestion charge. In the meantime, I have moved twice in a short period and have now just this month (April 16) received a notice saying I now have to pay £195! because I have not paid nor responded to any of their previous notices (which I have never received due to my moves) I wrote to them and explained the situation and offered proof of changes of address by way of copies of my updated driving licences which displayed the changes of address, and requested they resend the previous Penalty Charge Notice with the reduced payment fine and appeal procedure as I had not received them. They have written back saying I have to pay £195 and I should have told the DVLA (which I did!). I have not been offered any form of appeal at any time and can it be my responsibility if the DVLA dont update as quickly as I moved!. Is there anything left I can do please? Thank you for your time
  6. Hi, I received a PCN the other day for failing to pay the London Congestion Charge in time (within 24 hours). I decided to look into the legality of the whole scheme and have come to the conclusion (1) that the PCN issued to me is void (of no legal effect) and (2) that elements of the scheme are unlawful and, in fact, void. This means that many, if not all, congestion charge fines will have to be refunded. My logic is as follows, but I will be grateful for comments (I might have got it wrong): 1. With regard to the PCN itself, the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001, 'Penalty charge notices', 12(3)(h) states that a PCN must state 'the effect of regulation 16'. Regulation 16 covers adjudication by an adjudicator. The PCN issued to me does not state the effect of regulation 16, as required by law, and it us therefore void. In other words, in law the document sent to me is not a PCN at all (it can't be because it doesn't fulfil the requirements for a valid PCN as stated in the regulations). If other PCNs are the same (do not explain the effect of regulation 16) then any fines paid on the basis of them were paid on the basis of an unlawful demand (being the PCN in question). ================================================== 2. With regard to the legality of the overall scheme, parliament is presumed to legislate in accordance with the principle of legality. In short, this means that, while Parliament can remove a fundamental legal right, it is presumed not to intend to do so unless it says so in a statute (Act of Parliament) in express terms (clear words) which allow no other interpretation. Of course, while Parliament can expressly remove a fundamental legal right in such a way (by express words), it is certain that no other body can do so (by means of secondary legislation for example) without the express authority of Parliament (and, even then, I doubt that the courts would allow such a delegation of power). This has been stated by courts at the highest level. For example, Lord Steyn in Secretary of State for the Home Department, Ex Parte Pierson, R. v. [1997] UKHL 37 said: 'For at least a century it has been "thought to be in the highest degree improbable that Parliament would depart from the general system of law without expressing its intention with irresistible clearness . . .": see the 4th ed. of Maxwell on the Interpretation of Statutes, (1905) at 121, and the 12th ed. of the same book, (1969), at 116. The idea is even older. In 1855 Sir John Romilly observed that ". . . the general words of the Act are not to be so construed as to alter the previous policy of the law, unless no sense or meaning can be applied to those words consistently with the intention of preserving the existing policy untouched . . .": Minet v. Leman (1855) 20 Beav. 269, at 278. This observation has been applied in decisions of high authority: National Assistance Board v. Wilkinson [1952] 2 All E.R. 255, at 259, per Lord Goddard, C.J.; Mixnam's Properties Ltd. v. Chertsey U.D.C. [1963] 2 All E.R. 787, at 798, per Diplock L.J. In his Introduction to the Study of the Law of the Constitution; 10th ed., London, (1968), Dicey explained the context in which Parliament legislates as follows (at 414): "By every path we come round to the same conclusion, that Parliamentary sovereignty has favoured the rule of law, and that the supremacy of the law of the land both calls forth the exertion of Parliamentary sovereignty, and leads to its being exercised in a spirit of legality."' just about the most fundamental of all legal rights is a person's right not to be punished for a crime/offence that he did not commit (Can you see where I am heading with this one?). Of course, Parliament, being supreme, can pass a law which punishes a person for a crime/offence that he did not commit, BUT IT CAN ONLY DO SO BY EXPRESS WORDS IN A STATUTE WORDS WHICH ALLOW NO OTHER INTERPRETATION. Apologies, for the use of capitals. PCNs are issued to the registered keeper of the vehicle on the basis that the registered keeper is liable in law to pay it (with certain exceptions) and, in most cases, the registered keeper will be the person who was driving the relevant vehicle at the relevant time. But does the law make the registered keeper liable, in accordance with the principle of legality explained above, if he was not driving the relevant vehicle at the relevant time - and, in fact, may not have given his permission for the car to be driven in the congestion charge zone? To comply with the principle of legality in such a case, the relevant Act of Parliament MUST make the registered keeper liable WITH NO POSSIBILITY THAT ANY OTHER PERSON (THE ACTUAL OFFENDER) COULD BE HELD LIABLE. This is because, as quoted above, if an altenative interpretation of the words in the statute in accordance with the principle of legality is possible, then that alternative interpretation MUST be adopted. In the context of the congestion charge, therefore, it is clear that, where the registered keeper was not actually driving the relevant vehicle at the relevant time (or is otherwise repsonsible), the registered keeper can only be made liable if the words of the relevant Act of Parliament make him liable TO THE EXCLUSION OF ANYONE ELSE. In other words, the registered keeper can only be made liable where he is the only person who can be made liable (under the Act of Parliament). Does the Act of Parliament actually do this (make the registered keeper liable to the exclusion of anyone else)? No, s.163(2) Transport Act 2000 states: '(2) Charges imposed in respect of any motor vehicle by a charging scheme under this Part shall be paid — (a) by the registered keeper of the motor vehicle, or (b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.' Now this is quite clear. s.163 allows some person other than the registered keeper to be held liable for a charge. It follows that where the registered keeper did not commit the 'offence' (and it is an offence, since it incurs a penalty), he cannot be held liable (in accordance with the principle of legality as explained above) because it is possible to hold someone else liable (the person who committed the offence) and so this must be done. In short, the registered keeper cannot he held liable for an offence he did not commit because the Act does not expressly say he must be. ================================================== 3. Further, it appears to me the requirement to pay the charge within 24 hours is also unlawful. The Greater London Authority Act 1999, Schedule 23 (Scheme to conform with Mayor’s transport strategy), Section 5 states: 'A charging scheme must [note use of the word 'must] be in conformity with the Mayor’s transport strategy.' The Mayor’s Transport Strategy states (p. 37) that the strategy includes an objective to 'enhance the quality of life for all [note the use of the word 'all] Londoners', including 'improving journey experience' and 'improving road user satisfaction (drivers, pedestrians, cyclists)'. So the question is whether the requirement to pay the charge within 24 hours complies with these objectives. Does imposing a 24-hour time limit improve the 'journey experience' and the 'road user satisfaction' of ALL Londoners, including those who incur the penalty charge because they failed to pay the congestion charge within 24 hours? If not then the requirement fails to conform with the Mayor's transport strategy and so is unlawful under Sch. 23. Furthermore, the question has to be asked whether such a short time limit is either necessary or just. If the 24-hour time limit is not necessary for the purpose of collecting the original charge (as opposed to a penalty) then the requirement is merely an exercise in extortion. Can it be part of the Mayor's transport strategy to extort money from Londoners - and how does such extortion improve the 'journey experience' and the 'road user satisfaction' of ALL Londoners? Such an exercise in extrortion must, in any event, be ultra vires; that is, the Mayor has no legal power to extort money from people - it is beyond his lawful authority.
  7. Travelled to London on Monday, Waterloo. So in the congestion vicinity. Forgot to buy the congestion charge. Is now Wednesday. Am I going to be hit by a penalty charge notice? Is there anyway I can pay the congestion charge and avoid a PCN? Regards
  8. Family member drove into London week before Christmas. Paid the congestion charge on their phone next day within the 24hrs allowed, whilst travelling on a train. Received acknowledgement 'Thank you for your payment.' In less than 2 weeks receives a penalty charge £65 if you pay within 14 days. Rings them to say it was paid. They were then asked to check bank account. It is then found the cc was not debited. Explained the ack received on phone and was told 'we hear this a lot.' Now i'm thinking, if you checked your bank account on the same day as making the payment, you wouldn't see it as debited. It would be the next day you could view the transaction. If it didn't go through it would be out of the 24hr allowance, so you are then in the realms of getting a penalty charge even though you are doing your best to pay the charge. I want to know if this is a hundreds or thousands of pounds worth of penalty charges given to people who this has happened too, a massive problem which hasn't been noticed yet by the public. If you receive a payment ack on your phone, will there be a trail to what is causing the transaction to stop short of debiting the money but still giving you reason to believe you have paid the charge, by sending a confirmation of payment. I look forward to comments on this. Maybe the problem would attract more attention if The Congestion Charge had it's own section in this forum.
  9. Hi, I wonder if someone can give me some advice please. This morning I went out to my car and it had been clamped. I called the bailiff on the notice and asked why and they said for unpaid congestion charge. I said to them that I hadn't received any notice giving me 7 days min from them but I had previously and paid. They said this was for two new ones. I was complete unaware of them. I then told them that the car belonged to my ltd so they better come round and remove the clamp or it will be cut off. They then threatened that I would be arrested to which I said I doubt that being that they clamped a car not belonging to me. they came round and I showed them proof that although the car is registered in my name that in fact the ltd company owned it. They still refused to remove it. I then said I was happy to pay but couldn't today and I would like them to send their notice out to me. They refused and said they will now start stage two. One of the bailiffs then started to walk into my porch which I was blocking so I pushed him out and said he's not coming in and won't gain peaceful entry. They then said that was assault and that because the door was open they can just come in. He then again walked in pushing past and I ended up outside the property. I then said that because the main inner door was locked that they cant break it down as I think I have seen someone that entry to a porch is not entry to the entire house if met with another locked door. They simply said they could and will. I then called the police who didn't want to come out as it was a civil matter but I insisted. When they arrived I explained the situation and they agreed that if I obstruct the bailiff now then I will be arrested. As a result and purely because I didn't want the hassle of being arrested I had to call my parents for them to drive 10 miles to pay it for me. They claim they had also called for a van and if it arrived they would charge even more money. I don't believe that they even called one and don't believe they would have broke in but I was in a situation of not wanting to chance anything. Don't get me wrong I did owe the money but I wasn't aware of any bailif visit and if I was I would have paid it prior to a visit to avoid the £235 extra. The bailiffs said that everything was recorded too and after I agreed to pay they still refused to get out of the porch leaving me in the street and everything seemed to be all nice and had a chat. They wouldn't budge and allow me a few days to pay and the police agreed that they had sent the letters as it was printed on there historical sheet. Afterwards though one of the bailiffs did admit that they send out loads and it is quite common for them to not arrive. Is there anything I can do now about this and certainly try and get the extra £235 back for a visit that wouldnt have happened if I got there letter. Sorry for the rant. Thanks
  10. Hi folks, I'm hoping someone can help, I've had great and helpful advice before. I was in London for work on the 12/08/2014 and was trying to park near to UCLH. In heading for a certain car park I came to the junction (pictured and circled) and was stuck. As I approached, I could see this was a one way street, I could only go ahead but due to the bus in front of me I cant see this until I have nowhere to turn. So, rather than avoid the big red C by making a hazard of myself (a 3 point turn here would have been a disaster) I went across and got out ASAP using the route marked out. It was the quickest way back out. Unfortunately, I was recorded as having entered and have since been sent a PCN issued the 16th and now have until 2nd Sept before the fine is doubled. I want to log an appeal but wanted any advice before I do so to make my appeal as strong as possible. It feels a bit crumby, if I had just turned in with plenty of other options then fine but at that junction I had no options... Thanks in advance guys
  11. Hello people once again they are after my money. I loaned my car to a friend who managed to pick up a congestion charged . I didn't know about it till it was at £200. What was odd with this was the prefix wouldn't allow me to view the evidence or pay! I spoke to the collections and by some miracle it was allowing me to pay and view the evidence . I commented on this and they said "Well it was already at £200 before you contacted us" Sounds to me like manual intervention. My question to you all is about this being County court where does that leave me as this has now bailiff charges on top . Can they force entry with the new rules or do they apply to magistrate courts only
  12. The price of London's Congestion Charge could rise by 15% under new proposals by Transport for London (TfL). TfL said the cost had remained static since 2009 and it hoped a rise from £10 to £11.50 for a daily rate would deter unnecessary journeys. Transport for London (TfL) regularly reviews the Congestion Charging scheme to ensure that it remains effective in reducing traffic and congestion in central London as well as improving the operation of the scheme. We are proposing to make changes to the Congestion Charging scheme. These changes include: Providing the option to pay CC Auto Pay accounts by direct debit Enabling discount applications and renewals to be made online Increasing the daily Congestion Charge Changing the NHS Reimbursement Scheme to allow refunds for CC Auto Pay payments Providing the option for customers to amend the date of a pre-paid charge on the day of travel Minor Congestion Charge Scheme Order changes This statutory consultation ends on 14 March 2014. We will consider all of the comments provided and prepare a report for the Mayor. The Mayor will decide whether to go ahead with the proposals, with or without any changes. We will publicise the outcome along with supporting information. Please let us know your views on the proposed changes to the Congestion Charging scheme by completing our online survey.
  13. Hello there good people, i am hoping for some solid advice on this matter. I had a saxo vts, i sold it filled in the v5 and im 99% sure but can not say for certain if i ever sent it off. The car when i had it was registered to an address i no longer live at ad the other day i visited that house (It's my GF's brothers house) and i was greeted by a letter from Transport of London for a congestion charge that hasn't been payed and the charge was issues for the offense in December. The letter was saying that since i have not payed the fine has increased, this is the 1st Ive heard of it and there was no other letters there either from transport of London. I called the them and they asked for proof that i am not the owner of the car but tbh, i don't have any and the only thing i know about the buyer is that he is called ashley. i have emails from him saying when he will buy the car. I've called the DVLA and they say it is registered to me and that if i want to change ownership of the vehicle i need to send them a letter which is what I'm in the process of. I don't live anywhere near London and Ive never been to London in my adult life. The fine is 180 pound, do i have any chance of appealing it or do i just bite the bullet and fork out the money. Thank you very much any advice appreciated.
  14. I have a Hybrid car which I drove into a CC area thinking as it is widely known that Hybrid cars are exempted from Congestion charge. To my surprise I had a penalty notice for £60, I appealed and sent them copy of the Log Book. But my appeal was rejected saying Alternative fuel discount has been abolished and new EU law only allow cars which CO2 is lower then 100g/KM. My car CO2 is 104g/KM. Now I have an option to appeal to Parking appeal services or pay £60. Is there any chance of success in the appeal? because then I will have to pay £120 in case of failure of appeal. Can I complaint to Local Gov. Ombudsman Services? Please somebody help as I have only a week to pay the discount price of £60. Can I pay the £60 and then appeal as well for a refund? Is there anybody who was in a same situation? And finaly to all Hybrid Vehicle owners, donn't take it that you are exempted from CC. You have to be registered with TFL to use exemption if any, after paying £10 registration fee. They can not think enough reasons to make extra money from motorist.
  15. HI I have an outstanding PCN ticket that has now been passed onto the bailiff. Iwas not fully aware of this charge and unaware that thisstage of enforcement was about to happen. I woke up last Tuesday morning and saw my car had beenclamped. There was a sticker on the window and a piece of paper on thewindscreen. I contacted the person on the letter and explain I didn’t have the£600 costs to remove the clamp. and if i could pay off what i owe. That offer was refused. So the clamp is still on the car now over nearly a week later. And as I was not left a inventory or seizure notice im beginning to wonder if the bailiff has forgotten they clamped my car. As for removing the clamp without damage as it is for a TFL fine im not sure if this would be ok. I am also trying to find out what the bailiffs chargefor an attendance fee and first visit whichoccurred on the same day. And also whatthe bailiff should charge for 2nd and 3rtd visits that occurred onthe same day also in relation to congestion charge fines. A bit long winded but would like anyone with any advice or been in a similar situation pleasechime in as i am at my wits end and no idea what to do. Kath
  16. Hope this is correct forum We are planning a trip on a weekday soon to the V&A Museum in Kensington. I am slightly confused about the boundary of the CC. TfL's map show the zone as Hyde Park -ish, but I seem to recall that the road is marked with a "C" just over the junction of the A4 and Earls Court Road Any thoughts please?
  17. Hi all, I had a hand delivered letter this morning from a bailiff working on behalf of JBW Group for the fee of £506. It was, to put it mildly, a surprise. I contacted JBW who said that I'd have to speak to the bailiff but they could confirm that the charge has arised from a non-payment of congestion charge from May 2010. I'm not debating the charge itself but this is the first time I've been contacted at all regarding the payment. I recently moved and updated my DVLA information two weeks ago so I assume this is why. However my TFL account clearly has my mobile number, email and previous address - I also had all post redirected following the move. As I said I've had no communication until this morning regarding this debt. I even emailed TFL twice, via their online form, asking to check for any outstanding charges as I wasn't sure at the time if my trip into London had incurred any. I had no reply either time. Perhaps foolishly I paid the amount over the phone before looking on the internet (although it is by a credit card so can be cancelled). I've read up on here about contacting the TEC and filling in the Statutory Declaration Out of Time form (which is coded PE2 & 3). Is this the same as the TE7 forms? However I've not been giving a penalty charge notice at any point. The bailiff said a full breakdown will be sent to me. If anyone has any advice or help I'd be incredibly grateful! Thanks in advance, Adam
  18. Hello, I drove into the congestion charge zone last Friday and forgot to pay the charge. Is there any way I can make a payment now or do I have to wait for the PCN? I am not the owner of the car, but he is registered disabled and has a blue badge. I know it shouldn't cover me and I did intend to pay, but just plain forgot. But are blue badge cars covered on the CC's database?
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