Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: andybristol on January 08, 2025, 09:05:39 pm
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Just logged in and it's still showing £90 so I've paid it. Interestingly, I did set up an auto pay last July but for my other vehicle. Would I have had any mitigation if I'd used my other car with the understanding that both were covered ? Is this something I can pursue in retrospect?
@andybristol
Not sure what you mean in your post above?
You can have more than one car nominated on your AutoPay account. You can't add a vehicle retrospectively.
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You can try anything but it may not succeed. TFL though can be decent - this case yesterday is about someone who thought he'd set up autopay but then got 14 PCNs. TFL has let him off with the full congestion charge for each and not the PCN amount which would have been huge.
You can amuse yourself by browsing the adjudicated cases on London Tribunals but bear in mind these are contested cases and the listed uncontested ones do not say anything about the case.
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24. TfL has indicated that it will accept the reduced amount of £17.50 for each PCN (totaling £245 for all 14 PCNs) as final settlement. If this sum is not paid to and received by Transport for London within 30 days of the date of this letter, then the amount will revert to the full PCN amount of £180 for each PCN and Transport for London will be able to continue with enforcement action.
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Just logged in and it's still showing £90 so I've paid it. Interestingly, I did set up an auto pay last July but for my other vehicle. Would I have had any mitigation if I'd used my other car with the understanding that both were covered ? Is this something I can pursue in retrospect?
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The Notice of Rejection is dated 19th Dec 2024. So the discount window of 14 days expired on the 1st Jan 2025.
So you're in for the full penalty charge of £180. In that case you might as well submit an appeal to the Adjudicator since you have no financial incentive to do otherwise. You never know, TFL might not contest.
That said it's possible the the discount is still showing online. In which case consider paying the £90.
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No, they don't refund a charge you didn't use.
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Thank you. I guess I would be within my rights for them to offset the payment for the day I didn't drive into the ulez area ?
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The tribunal cannot consider mitigation so if TFL wants to contest you will lose. But they don't contest a lot of PCNs so that would be a gamble. They do sometimes use discretion at the first stage but haven't here.
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Our daughter has ongoing health problems so we have things that often take precedent. But legally, I would doubt this would be viewed upon sympathetically
Certainly not at London Tribunals. The adjudicator would probably sympathise, but is bound by the law that only statutory grounds of appeal can be considered; unfortunately mitigation cannot be considered.
I'm not aware of any 'technical' appeal unrelated to the actual contravention, certainly nobody has suggested one so far. So time to bite-the-bullet I fear.
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Our daughter has ongoing health problems so we have things that often take precedent. But legally, I would doubt this would be viewed upon sympathetically
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Quite why TfL have to write such a lengthy response is beyond me ! The simple truth is that you paid the ULEZ toll too late. You also paid for the wrong day, but their main argument is that you paid late so they have decided not to accept your reps.
Any particular reason you paid late ? The next stage if you fight on is London Tribunals with the full PCN penalty in play.
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I entered the ULEZ zone on 23rd November, travelling into London from Bristol for the evening. My problem lies in that I made payment selecting the 24th by mistake. TFL wont accept this as mitigation to cancel the PCN as payment was made outside the '3 day' window, on the 27th. This seems ridiculous. I have voluntarily paid the charge, in their eyes too late though. Before I appeal to the London Tribunal, I would like to know if any others on here have similar experiences and what options are open to me?
thanks in advance
@cp8759
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