Free Traffic Legal Advice

Hey all,

I've received a PCN for going through Blackwall Tunnel during charging hours without paying.

 https://www.flickr.com/photos/198409017@N02/54939530813/in/dateposted-public/

I have a resident discount and have always paid in the past when needed. This time however I thought I had crossed after charging hours.

My cars clock was still set to BST so I didn't think I needed to pay, according to them I passed through at 9.49pm, I have poor time perception due to ADHD so having my clocks set forward a little is a must for me to get anywhere on time so having them forward an hour is even better for me but not in this case!

Also the 2 pictures they have sent me do not match up at all, I'm wondering how they got my number plate image from the picture at the bottom as it is not visible at all. Plus there is no time stamp on the bottom image.

I called up to ask what time my car had passed through the tunnel and the guy said 9.50pm but the letter says 9.49pm meaning there was only 10minutes left before charging time was over. £90 fine for crossing 10minutes before the end of the charging time, no grace period there then...

Is this really enough proof that I crossed at that time because I honestly don't remember now.

I am going to appeal it anyway just not sure which grounds to go on.

Any help would be appreciated.
Thank you

No, we have a reduced rate during the hours of operation. We pay a flat rate I believe.

https://tfl.gov.uk/modes/driving/discounts-and-exemptions#on-this-page-0

Yes, my car is registered on the TFL tunnels website.

If you scroll down to Blackwall and Silvertown tunnels East London London income residents' discount. The charges are mentioned there as 50% off peak charges.

No, I believed I transited after charging hours, which is after 10pm. I didn't consider setting up auto-pay because I don't use the tunnel that often.

So I submitted reps and have now received a rejection letter however, it states that I have they "will give me 14 days from the date of this letter" but since the date on the letter is 28th November that gives me only 2 days to pay the discounted rate!

I've just been on the representation page again and funnily it allows me to submit a representation again.

https://www.flickr.com/photos/198409017@N02/albums/72177720330841647/

Rejection letter

The TFL PCN website has allowed me to submit reps again, their email response mentions that the enforcement process is now suspended, should I be wary of this (from a legal standpoint)? Is it a procedural impropriety to state that the discounted payment will be accepted up to 14 days from the date of the letter?

I have appealed on one of the official grounds given that I was not in the area at the time they stated and therefore outside of charging hours. There are no clocks to display the time in the area/ approach of the tunnel so I had no option but to rely on the time displayed in my vehicle, as I couldn't possibly check my phone whilst driving because I would be communicating a criminal offence.

Their mitigation acceptance I feel, is based on however the person dealing with your case feels on the day.

Pretty frustrating really, no one likes getting a fines or penalties but I've seen them cancel fines for less convincing reasons and it seems they have less leniency to those who reside in London. Conspiracy/opinion which I know people are not fond of on this site.
Forgive my frustrations as this week hasn't been easy and as a result I'm just venting. I appreciate this site and your advice.