Author Topic: ULEZ non payment PCN Main Road Biggin Hill  (Read 3941 times)

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ULEZ non payment PCN Main Road Biggin Hill
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Hello all

Just wondering if I can get your opinions on this

I received a ULEZ PCN through the post on 03 Nov (copy attached).

I had strayed into the zone after joining the main road into Biggin Hill (A223) from a B road after losing my bearings (link to google map street view attached).  I must have driven past a sign warning me that I was entering the ULEZ at some point but I can’t remember seeing it.  I realised I was in the zone after seeing an enforcement camera warning sign and after that it was too late to do anything about it.  I contacted ULEZ and said that I had may have strayed into the zone and asked if it was possible for me to know for certain if I had done so before I paid the charge, but they said that there was no mechanism for them to be able to tell me whether I had (or actually whether they had caught me on one of their cameras) and so I had to pay up just in case.  This seemed unfair so I decided to take my chances, planning to appeal on the grounds of inadequate/unlawful signage (I believe that’s a possible line of defence) and/or that I had got lost and didn’t realise I had entered the zone until it was too late. 

I’ve also put up a link showing the location of the enforcement camera.

Does anyone think there’s a chance with this appeal?


Many thanks in advance for any advice you can offer




https://maps.app.goo.gl/ci2aYLnTqeePBoPm7

https://maps.app.goo.gl/NCf2sfN3qrXwp5ZL6
« Last Edit: November 05, 2023, 05:15:48 pm by cp8759 »

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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #1 on: »
Both the locations you've gives us links to are well within the zone. Honestly if you saw a sign saying you were within the zone, it would have been best to just pay the £12.50, but we are where we are.

You need to go to https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/ulez-where-and-when and compare your route to the ULEZ boundary in order to work out exactly where you would have entered the zone.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #2 on: »
Hi - thanks for the reply

It looks as though I must have got onto Skid Hill Lane (outside ULEZ) and turned right into Sheep Barn Lane (inside ULEZ) in an attempt to get back to where I had come from

https://maps.app.goo.gl/krsGFRBDaErCgfGr5
« Last Edit: November 05, 2023, 11:54:10 pm by cp8759 »

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #3 on: »
Hm. I think I'd have paid up the £12.50.  Gambling you'll win a PCN case where the discount alone is £90, full penalty £180 on a possible inadequate signage appeal is taking a big risk IMHO.

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #4 on: »
Well if it was just a question of hedging my bets I probably would have done, but I strongly object to paying this stealth tax and will do anything I need to do to avoid supporting it

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #5 on: »
Well if it was just a question of hedging my bets I probably would have done, but I strongly object to paying this stealth tax and will do anything I need to do to avoid supporting it
I'm not sure paying £180 is better than paying £12.50 whether you support the scheme or not. Of course you could just ignore all the correspondence, but eventually that will end up with bailiffs at your door and a bill of over £500, of which £270 would go straight to TFL.

Anyway, as google street view is not up to date with the new signs installed since the latest ULEZ expansion, the only way to assess the adequacy of the signage would be for you to go back and get some photos.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #6 on: »
Yes I take your point

I will go over and take some pictures

Is there any defence regarding unlawful signage?  I've read that the signs may not be legally compliant.  A chap named Noel Wilcox successfully challenged TFL over fines received for entering the Low Emission Zone (LEZ). He successfully argued that the signage was unclear and consequently illegal, and I believe he's taking it a step further with a similar challenge to ULEZ signage which is more or less identical.
« Last Edit: November 06, 2023, 08:55:12 am by BH1001 »

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #7 on: »
Don't confuse the London Low Emission Zone, (LEZ),  with the London Ultra Low Emission Zone, (ULEZ),  the two are different.
https://tfl.gov.uk/modes/driving/low-emission-zone.
and
https://tfl.gov.uk/modes/driving/ultra-low-emission-zone

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #8 on: »
I'm not

The signage legislation applies to both doesn't it?

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #9 on: »
I've just seen this on a social media site as an example text for an appeal based upon signage

Anyone care to comment?

"Your ULEZ signage was not clear and visible enough. The signage failed to display charge information, thereby contravening the Traffic Signs Regulations and General Directions 2016 (TSRGD). Schedule 10 of the TSRGD defines and outlines the requirements for these signs, emphasizing the need for clear and visible display of the charge amount, applicable time periods, and any exemptions. This was not adhered to, and your request for payment is consequently unlawful.

The legislation that outlines the requirements for "Charge Information Signs" for Low Emission Zones (LEZs) is found in the Traffic Signs Regulations and General Directions 2016 (TSRGD). Specifically, Schedule 10 of the TSRGD provides detailed specifications for traffic signs related to LEZs, including charge information signs.  Schedule 10 of the TSRGD defines a "charge information sign" as a sign that indicates the amount of the charge payable for entering an LEZ. The sign must be displayed in a prominent position and be easily visible to drivers. The sign must also include the following information:

The amount of the charge
The applicable time periods for the charge
Any exemptions from the charge

The TSRGD also specifies the design and layout of charge information signs. The sign must be rectangular in shape and have a white background with black lettering. The lettering must be of a size that is easily readable from a distance.  Local authorities have some discretion in the design of charge information signs, but they must ensure that the signs comply with the general requirements of the TSRGD.

In August 2023, Hertfordshire scaffolder Noel Willcox won a legal battle against your so-called "organization" over the signage for London's Low Emission Zone (LEZ). Here is a summary of the key points of the case:

Willcox was fined £11,500 for driving his company truck in and out of its depot in Harefield, North West London. Willcox argued that the LEZ signs were not clear or visible enough, and that he had not been aware that he was entering the zone.  The tribunal ruled in Willcox's favour, saying that the LEZ signs were not "authorised and lawful". The ruling may have implications for the signage for the ULEZ, and for other drivers who have been fined for entering the LEZ.

On the basis that there is no difference between that case and this, we reject your request for payment."

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #10 on: »
Well, nothing to stop you giving it a go, just bear in mind that you'll be up for the full PCN penalty if you lose at adjudication.  The text on its own is no good, you have to show that the sign you passed is not fully visible, and also fails to convey that a charge is payable for non-compliant vehicles.

Good luck !

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #11 on: »
I'll take a picture and send that off with my representations

Will keep you posted

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #12 on: »
Good luck then.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #13 on: »
I've just seen this on a social media site as an example text for an appeal based upon signage

Anyone care to comment?

Noel Wilcox was never 'fined' at all; he accrued penalties of £7,000, not the often quoted £11,500.

He didn't 'win' his case, TfL LOST it by not providing the evidence the adjudicator asked for.

It was a one-off because they have that evidence and have presented it in numerous subsequent adjudications: That is, that TfL have special authorisation for the signs, from DfT, that overrides the TSRGD requirements.   

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #14 on: »
Both the Wilcox adjudication and one of the DfT authorisations are on file on this site.
There was a subsequent DfT authorisation in 2022.

It's a pity that Noel Wilcox delusion is misleading so many people.
I understand he is now proposing some action against TfL because they failed to repay other people's penalties.

The result of his adjudication in 2021 is not at all unusual. TfL simply dropped the ball and he won by default. That win does not set any kind of precedent as Noel seems to think.
We often see councils fail to produce the required evidence or sometimes just don't contest.
It was nothing of note in that particular case.