Author Topic: 2 TFL Congestion Charge PCN, Autopay not updated  (Read 1727 times)

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2 TFL Congestion Charge PCN, Autopay not updated
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Hi,

I was informed that the http://forums.pepipoo.com/index.php? is not monitored as much anymore so it would be advisable to post here instead.

Here is the link to the thread to see what has been posted so far. http://forums.pepipoo.com/index.php?showtopic=153857&hl=


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I hope this is the right place to post this, and apologies in advance if it is not.

I'm a Private Hire Driver based in London, so I am in and out of the congestion zone on an almost daily basis. I bought a new vehicle on the 14th of March 2024, and I'm sure I updated my autopay list on the 15th of March 2024 because I updated my vehicle for other places I pass through frequently such as the Dartford crossing, Heathrow, and Gatwick Autopay systems.

I sent an initial message through my TFL account, but as I can see no record of it when I went to check on my autopay account, I can’t be sure of the exact date I enquired. My message explained that I did add it onto my autopay account, but it wasn’t showing up for me for some reason, and that I would like them to ensure it is there. I received no acknowledgment of the message, and I can't see it in the correspondence history on my account.

I checked my account maybe a week or so later and could see that the car was not on there, and I had been into the congestion zone a number of times since.

I sent another message explaining the same thing as before on the 24th of March 2024 and received no response for that either. But after that, I tried to add the new vehicle again, and it seemed to work. Unfortunately, a few days later, around the 28th of March 2024, I received a PCN, and then another PCN two days later. The PCNs were for driving into the congestion zone on the 19th of March 2024 and the 20th of March 2024. On the 3rd of April 2024, I called TFL using the number on the challenge form, 0343 222 2222, and spoke to a very abrupt fellow who, after I explained the situation, what I do for a living, and the number of years I've had autopay set up, said, "Your past history is no excuse for the current situation," or words to that effect.

So, if anyone can help me with this situation, it would be much appreciated as I really can't afford to be stung by both these tickets, and I believe it's morally wrong, especially as I've had the autopay set up for my past vehicles for a number of years, and I had actually tried to set it up on time.

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Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #1 on: »
AS I said in the "other place", there appear to be errors on both sides here; you are convinced you updated your TfL Autopay account, yet got two PCNs shortly after your update that suggest no Auto[ay update, or an un-noticed error when entering the update.  However, TfL seem to be remiss in not responding to your enquiries promptly, or even at all. For this reason if it were me I would be submitting representations rather than just coughing-up, and also take them to London Tribunals if they prove obdurate.

Is it possible for your to post-up here the account details of your Autopay account, suitably redacted of course ? I would expect to see an audit trail for updates for vehicles on the account.

Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #2 on: »
Is it possible for your to post-up here the account details of your Autopay account, suitably redacted of course ? I would expect to see an audit trail for updates for vehicles on the account.
+1.

Further to this, as long as you make representations during the discount period, TFL will reoffer the discount. The wording of the rejection letter template is currently flawed, and that in itself may give you grounds to appeal, irrespective of anything else, as per these cases:

Nayeem Haque v Transport for London (2220767288, 15 November 2022)
Mike Welch v Transport for London (2230428700, 18 November 2023)
Lubavitch Synagogue v Transport for London (2230535074, 5 February 2024)
Commercial Plant Services Ltd v Transport for London (2240018512, 12 February 2024)
Mathew Mathai v Transport for London (2240062219, 15 March 2024)

But as Incandescent says, showing us the autopay audit-trail would be the first step.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #3 on: »
Hi,

I've attached what I think you mean by audit trail. I've attached my browser history of me visiting the pages to add the vehicle unfortunately I don't have any pictures or reference of adding the vehicle on that day.

But surely in my favor you can see that on the correspondence history there is no mention of me sending the message to TFL but I have the proof by me luckily taking a picture showing it alongside the reference number. Yes there has been no response at all from my enquiry. I'm willing to go all the way to a tribunal rather than cough up. It would be cheaper than paying even the discounted rate of £90 each PCN.

I've also attached a picture of the date it's showing of me successfully adding the vehicle the 2nd time on the 24.03.24 

I hope I have added the correct information you guys were asking for by audit trail here. Is there anything else that you need to see, I'll be happy to provide it.

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Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #4 on: »
I don't think anything on the auto-pay pages helps, as TFL will say that it's your responsibility to ensure the vehicle has been added or that you pay the charge manually.

However as I've said, put in a representation via the TFL website and post the notice of rejection on here once you've got it, if it's defective (as I suspect it will be) you'll then have grounds to appeal to the tribunal.

Post a draft of your representation on here before submitting it.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #5 on: »
Ok, that's fine I will try the route that you are suggesting here is a copy of my representation that I will submit. Please tell me if I should change anything.




MY NAME
MY ADDRESS


Congestion Charging
PO Box 340
Darlington
DL1 9PZ

Date 07/04/2024

Dear Transport for London,

Representation for Penalty Charge Notice (PCN) Numbers: [LP05655266] & [LP0573573A]

I am writing to formally contest the two Penalty Charge Notices (PCNs) I received, numbered [LP05655266] and [LP0573573A] for allegedly driving in the Congestion Zone without paying the charge on the 19th and 20th of March, 2024.

I am a registered Private Hire Driver in London and rely on keeping my vehicle registered for various autopay accounts to ensure compliance with congestion zones and other toll areas. On the 14th of March, 2024, I purchased a new vehicle and am confident I updated the TfL autopay list on the following day, March 15th. This is because I simultaneously updated my autopay details for other frequently used toll systems like Dartford Crossing, Heathrow, and Gatwick.

Attempt to Update Autopay, Missed Communication, and Potential System Fault:

While I cannot be certain of the exact date due to the lack of a response, I did submit a message through my TfL account around this time. The message explained that I had attempted to add the new vehicle to the autopay list but it wasn't showing up. I requested them to verify its inclusion. Unfortunately, I received no acknowledgment of this message, and it's not present in my account's correspondence history.

After a week, I checked my account again and discovered the new vehicle wasn't registered. This raises the possibility of a fault within the TfL system that prevented my initial update from being processed. Additionally, the lack of response to my message significantly hindered my ability to rectify the situation before unknowingly entering the congestion zone.

Second Attempt and Frustrating Outcome:

On the 24th of March, I sent another message reiterating the previous issue and requesting assistance. Once again, there was no response. However, upon attempting to add the vehicle again on this date, it appeared to be successful.

Penalty Charge Notices and Unhelpful Response:

Despite my efforts, I received the PCNs a few days later, dated around the 28th of March. These were for the 19th and 20th of March entries into the congestion zone.

I contacted TfL using the number provided on the challenge form (0343 222 2222) on the 3rd of April. Unfortunately, the representative I spoke with was dismissive, stating that my past history of using autopay doesn't excuse the current situation.

Reason for Appeal:

I believe these PCNs were issued unfairly. I take responsibility for ensuring my vehicle is registered for the Congestion Charge, and I demonstrably attempted to update the autopay list on a timely basis. The lack of acknowledgment or response to my initial messages further compounded the issue.  The potential for a system fault that prevented the initial update and the lack of communication are concerning aspects of this situation.

Request:

Considering the documented efforts to update my autopay information, my history of responsible toll payments, and the possibility of a system fault along with the lack of communication, I kindly request a full cancellation of both PCNs, [LP05655266] and [LP0573573A].

Supporting Evidence:

I can provide a copy of the vehicle registration document for my new car, dated March 14th, 2024.
I can provide screenshots of the autopay sections for other toll systems (Dartford Crossing, Heathrow, Gatwick) showing the updated details for my new vehicle.
Thank you for your time and consideration. I look forward to your response.

Sincerely,

MY NAME
MY EMAIL ADDRESS

Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #6 on: »
That looks fine, you will need to go onto the TFL website and submit this twice, once for each PCN. Make sure to keep a screenshot of the confirmation page for each PCN.

Do not send representations by post, that just causes an unnecessary delay and adds the risk of postal issues.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #7 on: »
Hi,

Thanks I've submitted both representations, unfortunately I noticed whilst on the website that there are 2 more PCN for the same thing coming my way, I haven't received them in the post yet but I saw it whilst submitting the representation. I took a screenshot and attached here.

Also I looked in my spam folder which I rarely do but I noticed that TFL did actually respond to me on the last message I sent to them dated 24.03.24. But there is definitely some issue on there side as even on my account correspondence page on it showed there had been no messages from either side since 2022.

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Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #8 on: »
Make the same representation against the other two PCNs, and again save screenshots of the confirmation pages.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: 2 TFL Congestion Charge PCN, Autopay not updated
« Reply #9 on: »
Update!

Hi guys, thanks so much for the advice! Following the steps shown above, TFL have cancelled all 4 PCNs!  :D

I've attached the picture of the letter received.

Thanks Again!



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