Free Traffic Legal Advice

Hello all,

I'm extremely careful about emissions charges etc. but annoyingly have still been caught out by TFL's sneaky charging system.

My trip to London lasted for less than 24 hours. I paid the charge online, did not realise that a second charge would be due if staying after midnight and so have received a PCN (attached) with what seems to me a wildly disproportionate fine of £180 (reduced to £90 if paid quickly). This seems very unfair to me.

Two questions:

1) Do I have any chance of getting out of this?
2) Is it necessary to refer only to 'the driver' in this case or is that only for private fines?

My draft appeal text is as follows:

Dear Sir / Madam,

I drove to London from Stroud in Gloucestershire on 16 March 2024. Since I was entering the ULEZ charging area, I made sure to pay the charge on my arrival.  My receipt number is XXXXXXXXXX

Nonetheless, I have received a PCN from you since my trip lasted until after midnight on the day in question, and thus spanned two charging days. Since I am not from London I was unaware of the midnight-to-midnight charging scheme and naturally assumed that only a single payment was necessary for a trip lasting less than 24 hours. It was not my intention to avoid the second charge (for 17 March 2024) and I only neglected to pay it due to inadequate information provided by TFL.

I paid the charge for 16 March after accessing the following page, via a Google search for the terms ‘pay ULEZ charge’:

https://tfl.gov.uk/modes/driving/pay-to-drive-in-london

Nowhere on the page does it mention that a second charge would apply to a driver who entered the zone for less than 24 hours, but spanning two 24-hour charging periods. Since this is counter-intuitive (a motorist would naturally assume that only a single charge applied to a trip lasting less than 24 hours) the lack of clear information is significant. When I clicked on the ‘PAY’ button and followed the instructions, the online payment process likewise did not inform me that I would have to make two payments if my trip lasted beyond midnight.

Regulation 18 (1)(a) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 makes clear that where an order (such as the ULEZ scheme) has been made, any signs should secure ‘that adequate information as to the effect of the order is made available to persons using the road’. None of the signs informing drivers of the ULEZ charge (which can be viewed on your website here: https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/ulez-road-signs) make any mention of midnight-to-midnight charging, or give any indication that a driver would need to pay two charges if they remained in the zone after midnight.

In the circumstances, and noting once again that it was not my intention to avoid the second charge, I would be very grateful if you would agree to cancel the PCN on this occasion. I am of course happy to make a payment of £12.50 to cover the actual charge for 17 March 2024, of which I was not aware until I received the PCN this morning.

Kind regards etc.

----

I'd be very grateful for any advice you can give. Many thanks in advance!

Sadly, despite your kind advice, I did not have time to get off my appeal. Now I've received a charge certificate (see attached). I've resigned myself to paying the fine but I REALLY don't want to give these thieves any more of my money. Is there any way you chaps know of by which I can avoid this? Any help would be gratefully accepted and will be acted upon immediately!
[ Guests cannot view attachments ]