Free Traffic Legal Advice

Hi all,

I would really appreciate some advice regarding a Congestion Charge PCN we received from Transport for London.

The case has now been referred to the independent adjudicator at London Tribunals.
We did not intend to formally challenge the charge; we simply wanted to try our luck and ask for a gesture of goodwill.

PCN: LP34347097
REG: DL67HLE

• Last letter from Congestion Charge: Congestion Charge

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Timeline:

• In September 2025, the registered keeper received a Penalty Charge Notice (PCN) for the Congestion Charge.
• In our representation, we asked for the matter to be considered as a gesture of goodwill and confirmed that we were willing to pay the original Congestion Charge fee for entering the zone.
• Within 2 days, we submitted a representation based on mitigation and discretion (as stated: “If none of the six statutory grounds apply, you may still make a representation explaining your circumstances and we will carefully consider these.”).
• We never received a Notice of Rejection from TfL.
• In December, we received a Statutory Declaration form, which was completed in January and later accepted by the court.
• Now we have received a letter from TfL (dated 20/02, delivered on 2 March) stating:

“We have reviewed your application and the processing of the PCN and have decided we wish to proceed with its enforcement.”[/list]

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Key details:

• On the same day we submitted the representation, both my partner and I created Congestion Charge accounts.
• I also set up Auto Pay that same day and mentioned this in my representation.
• The representation was submitted via the TfL website.

• Unfortunately, I did not receive an email confirmation after submitting the representation. Because of that, I submitted it a second time to make sure it had gone through. However, I did not receive confirmation for the second submission either. This may indicate there were issues with the TfL website at the time, particularly as TfL now states that they never received any representation from us.

• On the same day, I messaged my partner on Facebook confirming that I had submitted the representation and shared details of it there. I have logs and screenshots available.

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My questions:

• Would this be sufficient evidence to potentially achieve a positive outcome with the independent adjudicator?
• What evidence should we now provide to the adjudicator?
• How do we properly contact or submit additional information to the adjudicator?
• What outcomes can we realistically expect in this situation?
  
  Could the adjudicator decide that:
  
  We must pay the current £270 charge?
  
  We only need to pay the original £90 PCN amount?
  
  We are allowed to pay just the original Congestion Charge fee for that day?
  
  Or that nothing is payable?
• Also, do we need to clearly state what outcome we are seeking in our appeal (for example, cancellation of the PCN or permission to pay the original Congestion Charge only), or will the adjudicator determine this automatically based on the case?

Any guidance or similar experiences would be greatly appreciated. Please let me know if I should share anything more. Thank you in advance.

The case has been sent to the adjudicator as you made a statutory declaration presumably on the grounds you made reps but didn't get a reply.

The outcome which will probably be a reissue of the PCN.

Call London Tribunals and check the response will reach you - are the address and email correct.

What are the PCN number and car VRM.

Right, that makes sense. They’ll likely reissue the PCN, I’ll submit a representation again, and they’ll probably reject it.

PCN: LP34347097
VRM: DL67HLE

If you made your statutory declaration under the grounds of 'made reps but did not receive a notice of rejection', then this regulation applies IMO:

Where a declaration has been served under paragraph (2)(b) or (c),[2(c) being 'made reps..' etc.] the charging authority shall refer the case to the adjudicator who may give such directions as he considers appropriate.

https://www.legislation.gov.uk/uksi/2001/2313/regulation/19/made

IMO, you are not at adjudication, the authority has referred the matter to the adjudicator for 'directions'. These are likely to be that you should provide evidence to the adjudicator that you submitted reps(because the authority's evidence says that you did not). If you convinced them-by submission of written evidence- then the matter would be registered as an appeal. If you did not, then the adjudicator would likely direct you to pay the full penalty without an appeal being heard.

IMO, there's no option to be issued with a fresh PCN because your grounds were not related.

TfL's response to you is misleading as regards what happens, but this isn't a defence. Your next communication should be from the tribunal and, as posted by stamfordman, I suggest you contact them (the tribunal) to find out the current position

You are at London Tribunals, so the maximum amount you are likely to have to pay is the PCN penalty, but you won't get the discount option.

It is important to put all your representation arguments to the adjudicator, but I suggest you include your initial reps if you still have them. Whatever you do, do NOT opt for a papers-based adjudication; always opt for a hearing. Hearings are by phone or, (if you have the kit) by video. TfL are almost certain not to turn up, it will be you and the adjudicator.