Author Topic: ULEZ Charges  (Read 478 times)

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Little Nell

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ULEZ Charges
« on: April 10, 2024, 12:53:07 pm »
I live in Somerset, 90 miles from Heathrow. I travelled to Heathrow on 9/11 for a flight to Prague, and back again on 12/11. At no time did I realise charges were payable for what is a small stretch of the M4. Until I received 2 PCN's I didn't even know what ULEZ stood for. The charges split between 3 of us would have been 8 each so virtually nothing.

I sent letters of rep to TfL on 23/11 and again on 29/11 appealing against the PCN's on the basis that I knew nothing about ULEZ or that the congestion charge area had been expanded. I heard nothing until I received 2 charge certificates. I phoned TfL asking why I had received no response to my original appeal letters and they stated they hadn't received them. I have screen shots of when the word docs were produced but no proof of posting. After this, everything I sent went by recorded deliver / signed for post. TfL refused any help on the telephone - the person I spoke to was completely uninterested in my dilemma. I then wrote again to the Darlington address (recorded delivery) explaing what had happened but their response was that my appeal was now outside the 28 days allowed. My original appeals were within the 28 days.

So I then wrote to RUCA explaining everything that had happened. RUCA scheduled my hearing for 5/3 but then closed my case because whilst TfL had originally told RUCA that TfL had issued a rejection letter, they later said they hadn't so RUCA was unable to hear my case. During this time I received two lots of the same letter from TfL thanking for my correspondence (to RUCA), that TfL would issue a full response and that no further action would be taken until a response had been issued - no such response as the next thing I receive is two more charge certificates of 270 each.

I understand now that TfL will register the debt with the County Court and that bailiffs could access my home to recover items to the value of the charge certificates. I intent to sign a statutory Declaration to state that I did appeal the PCN's within the 28 days but that TfL failed to respond although I am having difficulty finding a solicitor to sign my stat dec.

I don't know what to do now if anything. I don't want TfL to think I am not taking this matter seriously because I am - I am waking up with panic attacks at 3 in the morning worrying about these charges. I have never been in this position before. I even went on line and made 2 payments of 12.50 (admittedly retrospectively) because I have no issue with the charge itself. I would have happily paid it had I known it was due.

Do I wait for the order of recovery and make the stat dec (and hopefully find a solicitor willing to sign it) or do I possible make a complaint to ULEZ? I have everything laid out chronologically in a spreadsheet.

I never do anything wrong, I never break the law, but a debt of 540 from failing to pay charges of 25 seems monstrously unjust to me.

I understand that TEC reject most stat decs anyway. I just don't know what to do.

I have also made myself a member of another advice forum and they have explained that I can submit a stat dec once order of recovery is authorised.

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Incandescent

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Re: ULEZ Charges
« Reply #1 on: April 10, 2024, 01:40:41 pm »
The advice is correct, but you must be pro-active and check for when the debt has been registered at TEC. If you enquire on the amount outstanding when it goes up by 9 (the debt registration fee), you'll know you can submit your Statutory Declaration.

Little Nell

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Re: ULEZ Charges
« Reply #2 on: April 10, 2024, 01:45:47 pm »
Thank you, I will check every day. To be honest I feel better already, just knowing someone is listening and not treating me like a liar

Little Nell

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Re: ULEZ Charges
« Reply #3 on: April 11, 2024, 08:48:03 am »
I have photographed the original PCNs and they are attached.

Little Nell

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Re: ULEZ Charges
« Reply #4 on: April 11, 2024, 08:49:00 am »
Previous thread refers, 1st PCN attached here

Little Nell

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Re: ULEZ Charges
« Reply #5 on: April 13, 2024, 04:14:14 pm »
V5C also attached

Enceladus

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Re: ULEZ Charges
« Reply #6 on: April 14, 2024, 01:13:35 pm »
Please post up the letters that you have had from TFL. Just redact your name & address, leave everything else visible.

Also any letters/email that you had from the London Tribunals.

Alas your car is a Euro 5 W204 diesel Mercedes. The NOx and Particulate Matter limits shown on the V5C exceed the Euro 6 limits, so it's non compliant for the ULEZ. It was worth checking as there are earlier cars that do meet the emissions standards even if they are registered as Euro 3 or Euro 5. And there are other reasons why the ULEZ database may not be accurate.

Petrol cars must be Euro 4 or have NOx emissions equal to, or less than, 0.08 grams per kilometre.
Diesel cars  must be Euro 6 or have NOx emissions equal to, or less than, 0.08 grams per kilometre and Particulate Matter emissions equal to, or less than, 0.005 grams per kilometre.

These Low Emission Zones are being implemented all over the country. And also on the continent. Birmingham and Bristol catch people out every day. So check regularly

When sending correspondence to TFL or any other Local Authority then post 1st class at the Post Office counter, ie not in a postbox, and obtain a free of charge "Proof of Posting". Post before the last post collection and your letter will be deemed served (delivered) on the second working day after posting. Recorded and special delivery to a public body are usually a waste of money. Such post will be delivered in the same sack of post and may not even be signed for. Or use email where possible.

When you do submit the Statutory Declarations, one per PCN, the Traffic Enforcement Centre at Northampton County Court will will revoke the Orders for Recovery and order the Charge Certs cancelled. The case will be referred to the Adjudicator on how to proceed. The Adjudicator will likely ask you for copies of the representations you originally submitted. Probably the case will be held as an appeal.



Little Nell

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Re: ULEZ Charges
« Reply #7 on: April 14, 2024, 02:03:25 pm »
Thank you Enceladus. I will upload the correspondence from TfL and RUCA tomorrow. The 14 days to pay the increased fines runs out on Tuesday but I am checking daily to pick up when the order of recovery has been authorised. I have the PE3 forms and I will make an appointment at Yeovil court to get the SDs signed hopefully next week sometime

Little Nell

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Re: ULEZ Charges
« Reply #8 on: April 15, 2024, 12:11:52 pm »
Attached is the late representation disregard letter from TfL dated 23/1/24. As I have stated before, I have screen shots of the word documents (dated well within the 28 day limit for appeal) which are the letters I sent to TfL but I didn't get a proof of posting. After this I sent everything by "signed for" mail. Further docs to follow

Little Nell

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Re: ULEZ Charges
« Reply #9 on: April 15, 2024, 12:15:13 pm »
Two lots of letters from TfL (the first dated 6/2/24 and the second 27/2/24) acknowledging the appeal letter I sent to RUCA and stating that the matter is on hold and I would receive a full response. The only response I received was from RUCA which will follow

Little Nell

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Re: ULEZ Charges
« Reply #10 on: April 15, 2024, 12:16:27 pm »
Original letter from RUCA attached, acknowledging my appeal, date set 5/3/24

Little Nell

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Re: ULEZ Charges
« Reply #11 on: April 15, 2024, 12:17:34 pm »
Letter from RUCA stating that appeal scheduled for 5/3/24 cannot go ahead because I had not had a letter of rejection from TfL

Little Nell

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Re: ULEZ Charges
« Reply #12 on: April 15, 2024, 12:41:17 pm »
01 March 2024Appeal Withdrawn
An appeal submitted for this PCN has been withdrawn

I have been checking the PCNs daily so that I can submit SD's quickly once the Order for Recovery is made. The text above is what is showing on TfL but it was RUCA that declined my appeal - I didn't withdraw it. I'm not sure if this makes any difference

Enceladus

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Re: ULEZ Charges
« Reply #13 on: April 15, 2024, 02:05:39 pm »
What a mess!

The status for both PCNs suggest that TFL did receive your original representations on the 22nd of January 2024. That was well out of time and they don't have to consider them when so late, although they have the discretionary power to do so. It is also nearly two weeks after the Charge Certs were served.

TFL then wrote to you on the 23rd Jan. They asked for further evidence as to why you were so late.
Did you actually respond to TFL?
If so, what did you say?
Or did you write to the London Tribunals to attempt to register an appeal?

The Tribunal can't schedule an appeal until you have a Notice of Rejection from TFL, which hasn't happened. That's why the cancelled the hearing.

Both PCNs are sitting at 270 outstanding. So the charges haven't been registered with the TEC as yet. The balance will increase to 279 for each PCN as and when the charge is registered. at that point you can submit the Statutory Declarations, one for each PCN, even if you have not yet received the Orders for Recovery. This should get the Orders for Recovery revoked and the Charge Certs cancelled.

The cases will be referred to the Adjudicator for direction on how to proceed. You will very likely be asked for evidence that you delivered representations within time.

You need to stay on top of the timelines.




Little Nell

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Re: ULEZ Charges
« Reply #14 on: April 15, 2024, 02:22:17 pm »
I didn't reply to the TfL letter of 23/1 because the grounds allowed for them reconsider did not fall into any category I could respond to. This is when I wrote to RUCA but as you say, they would not consider my appeal because I had not received a rejection letter from TfL.

It is a mess isn't it. All because TfL states that they did not receive my rep letters dated 23/11 and 29/11 which were well within the 28 days timescale. As stated previously, I have screen shots of the properties of the November letters to TfL which only proves a document was created, not that it was actually posted. It may be possible for TfL not to have received one letter but not two surely?

The letter I sent to TfL in January was to explain that I had submitted rep letters very soon after the PCNs were received in November. TfL couldn't deny receiving the January letter because i sent it using "signed for" mail, and of course I have had a response.