3. Received Congestion Charge - But Have Blue Badge
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Received Congestion Charge - But Have Blue Badge
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I am posting on behalf of a family member who is not computer savvy.

Family member has a Blue Badge which they thought automatically entitled them to an exemption from the congestion charge

however, they recently received a

'Congestion Charging  - Order For Recovery of unpaid Penalty Charge' letter

The total amount demanded is £280

They are adamant that this is the first letter they have received regarding the Congestion Charge.

Looking online it appears that they should have applied for the exemption on TFL's Website. They incorrectly assumed that as the blue badge was registered to their vehicle. They thought, they would automatically get an exemption.

I am after advice on what we can do now/ what is the best way to deal with this situation?
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #1 on: »
Post the order for recovery obscuring only name and address.

Is the name and address correct as they are missing two letters - the PCN and the charge certificate.

Not getting the PCN means the process can be restarted at PCN stage as per:

https://www.londontribunals.gov.uk/ruc/understanding-enforcement-process
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #2 on: »
The BB can be used in any car. A car that is registered in the 'Disabled' VED (car tax) class is Congestion Charge exempt and that is picked up automatically.

A car not in the disabled VED class can be manually registered for the exemption by a BB holder, but this has to be done in advance.

So is the family member the owner of the vehicle?
Check the V5c registration document for the car. The name and address must be incorrect or out of date. Don't just assume, actually check

Or is the owner of the car a lease or rental or finance company or maybe a company car? In which cases the V5c may not be in your family members name and address.

Or is this a Motabilty car?

Three letters are missing. The PCN, the Charge Certificate and the Order for Recovery (of unpaid penalty charge).
« Last Edit: September 03, 2024, 12:51:57 pm by Enceladus »
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #3 on: »
Apologies for the delay in responding back.

I have been away abroad and getting a copy of the Order of Recovery was difficult as my family member has been unwell and they are not tech savvy.

I have attached a copy of the letter Please click here.

It was dated on 20/08/2024. The 21 days given on the document has expired. What would be the best course of action now?

The name, address, registration, V5 docs are all correct. However, over the past year, the postman has been delivering neighbouring mail to other peoples doors. The Royal Mail were notified about this.


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Re: Received Congestion Charge - But Have Blue Badge
« Reply #4 on: »
"You must file the Statutory Declaration within 36 days of registration with TEC otherwise you will also need to complete an Out of Time Application form PE2."

https://assets.publishing.service.gov.uk/media/6037706ee90e070558e4299b/pe3-guidance-eng.pdf

However this is contradicted by other sites saying 21 days. Wait for further advice, but, if you've missed the in time declaration, then the chances of getting this reset to PCN stage are close to nil.
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #5 on: »
Quote from: peodude on September 16, 2024, 03:51:24 pm
"You must file the Statutory Declaration within 36 days of registration with TEC otherwise you will also need to complete an Out of Time Application form PE2."

https://assets.publishing.service.gov.uk/media/6037706ee90e070558e4299b/pe3-guidance-eng.pdf

However this is contradicted by other sites saying 21 days. Wait for further advice, but, if you've missed the in time declaration, then the chances of getting this reset to PCN stage are close to nil.

Thank you. I will await further advice from the forum.
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #6 on: »
Has your family member now registered their BB with TfL?

The letter you posted is not the PE form, it's TfL's covering letter which oddly says 'Form PE2' in the top right-hand corner (PE2 is not the stat dec, it's the application to file the SD out of time.

I fear the worst for your family member if future communication and action are as impaired as they have been.

The guidance note you've posted comes from the GOV.UK website so IMO may be relied upon.

Get the SD completed and then signed and witnessed before a solicitor (at nominal cost) or court officer(free at local court by appointment). Not signed beforehand but at same time as it's witnessed.

Time is not your family member's friend.
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #7 on: »
Thank you.

I will register the BB today. I only arrived back to the UK yesterday, so will register the BB today.

Two letter were received. The one uploaded earlier and the second part is called Form PE3. Please click here for PE3  Form. Is this form of relevance?

The letter was dated on 20/08/2024, do we have 36 days from this date to file the Statutory Declaration with TEC?
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #8 on: »
Please can any of the forum members confirm whether we have 36 days from this date to file the Statutory Declaration with TEC?

The letter was dated on 20/08/2024

I also uploaded the PE3 letter. Is this of relevance?
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Re: Received Congestion Charge - But Have Blue Badge
« Reply #9 on: »
The apparent conflict comes from understanding the specific terms:

If you read the Guidance Notes you'll see this:

'..within 36 days of being registered with TEC..'

Not being served on you, but registered by TfL with TEC.

Under the Civil Procedure Rules which apply here TfL must serve the Respondent(you) with the OfR no later than 15 days after registering it with TEC.

You can do the maths...36-15 = 21.

But if TfL took much less than 15 days then you could still be in time.

I recommend that you contact TEC and find out when this OfR was registered with them by TfL and the latest date by when a PE3 would need to be submitted. Also, book an appointment with your most accessible county court to have the Respondent's signature witnessed. The Respondent must sign in the presence of the court officer.
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