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Hi,

I am here for some advice about PCNs from TFL for ULEZ.

My brother has returned home from his holiday in London to find 2 PCNs for not paying ULEZ charges.

It's a straightforward matter. He's made the mistake, he's got to pay. But I'm wondering if there are any grounds for appeal?

The reason he didn't pay the charges both times is because he says that the last time he went to London - several years ago, he didn't have to pay. So he just assumed he doesn't have to pay this time either.

It sounds feeble I know but I guess it's just carelessness on his part. Otherwise he would of course much rather have paid the fee than now pay £90x2.

Before he pays I just wanted to come on here and check if there are any grounds for appeal, or should he just pay up and put it down to experience.

I've attached a link to the images of the whole of one letter and just the first page of the second one because it's identical to the first.

https://imgur.com/a/uGHem9Z

I would be grateful for any advice.

Thank you in advance.

Is the car definitely not compliant - it's a 2014 diesel and it was 2015 that euro 6 became mandatory but sometimes engines are compliant before.

The only possible hard argument I can think of is, there was no ULEZ sign at the ULEZ boundary on the road he drove into London on.  To be honest, he must have been living on Tristan da Cunha not to have known about ULEZ, as it was in all the national newspapers when the zone was expanded under Sadiq Khan, the Mayor, (who got re-elected recently).

However, nothing ventured, nothing gained, so I suggest submitting representations on not having visited London for many years, living far away in a rural are, (if true), etc and therefore not knowing about the ULEZ zone.

Of course if he can show there was no ULEZ sign on the appproach route it would help.

He has the right in law, if TfL declines his reps, to take them to London Tribunals, but this is with the full PCN penalty in play.

Edit
Please also note that adjudicators at London Tribunals cannot consider appeals based on mitigation.

Thank you for your response.

Is it true that TFL freeze the discount if the PCN is challenged? I think I read it somewhere.

If that's the case then as you said it's worth a shot I guess.

Regarding the ULEZ sign on the approach route, I expect that it is very well signposted but my brother is not the best at this sort of thing. He's more focused on cameras and his speed and that sort of thing.

Quote from: student.223 on August 25, 2024, 11:17:55 am

Quote from: stamfordman on August 25, 2024, 11:15:04 am

Is the car definitely not compliant - it's a 2014 diesel and it was 2015 that euro 6 became mandatory but sometimes engines are compliant before.

Thank you for the response.

According to the TFL ULEZ checker it isn't compliant unfortunately.

Well obviously - but the checker can be wrong.

I see. So how do I check if it's definitely compliant/none-compliant?

Using GSV Street View why not check the ULEZ signs are in position on his route into London.

Thank you for this.

Not sure he will even remember which route he took but I'll look into it. Thanks for this.

The government checker for other zones shows it's liable for Birmingham and Bristol charges so it is very likely non-compliant. You can try googling the model and see if anyone has done homework on this and also check yourself with the maker's full spec.

Look at the emissions section of the V5c for the car. What are the figures for NOx, HC+NOx and Emissions?

I expect your car to be over the limit for NOx and Emissions. But it's always worth checking.

Thank you

He hasn't sent me very clear pictures but it's readable

https://imgur.com/a/4PuzXpa

I've attached a picture of the part of the V5C that shows the emissions information.

I've written an apology and appeal.

For your brother to sign and submit as the addressee on the PCN?