Resolved
Locked
Unanswered
I am the owner and the driver of the car ----------- issued PCN YJ06815493
I am appealing this PCN YJ06815493 for many reasons which includes:
1. The fact that the signs used by TFL do not secure; "that adequate information as to the effect of the order or ULEZ is made available to persons using the road" because they don't tell you anything about having to pay a charge. (http://www.legislation.gov.uk/uksi/1996/2489/regulation/18/made)
2. Not being a London resident and I live many miles from London and never been made aware via any memo, social media, GPS notification, email or letter sent to my home address to inform me of Ultra Low Emission Zone in London
3. Entered into Central London by mistake as I missed my way because I relied on my GPS and because I don’t know London and I had to rely on GPS and google map to guide
When I noticed that I have entered I have entered into Central London, I discussed the Congestion Charge sign post with my wife which she looked carefully because she was on the passenger seat and said we are not within the congestion charge’s hours.
After receiving the PCN charge, I do a little research on google and TFL website to see if we had missed anything during our navigation in London 1st of December 2019 – but two things caught my attention:
1. The sign post or road sign as described was not seen by me or my wife and if it was seen at all, there is no indication that Ultra Low Emission Zone was a chargeable Zone as it can be seen on the TFL website or on the “Congestion Charging Zone” Sign post – perhaps that would have stuck our attention to read more about it before we received the PCN notice.
https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/ulez-road-signs
2. We, meaning my wife and I didn’t see these signs: single road sign saying Ultra Low Emission Zone or side-by-side with Congestion Charging Zone and if had missed it – nothing on it says CHARGING ZONE 24hrs/7days
Without email notifications, advertisement, letter by post or reasonable sign post just like Dartford Charge and Congestion Charging Zone, it will be difficult for people like me living outside of London to be aware of it, and be in a position of knowledge that there is actually anything to pay?
On this issue, I would also emphasize that TFL have statutorily failed to bring my attention to the fact that any charge is payable, due to Low emissions.
The first time I was ever made aware of the Low Emission Charging Zone was via PCN Charge notice which I would have thought should have served as warning notice being the first time and considering no charging information on the road signage or road signage model on TFL website
In summary, my appeal is based on the fact that the signs used by TFL do not secure; "that adequate information as to the effect of the order or ULEZ is made available to persons using the road", because you do not make it explicitly clear that any charge is due, as per the requirements of LATOR 1996.
Finally, it would appear that TFL is aware of the ULEZ poor signage, and the many thousands of local (and other) drivers that were unaware of the requirement that any fine was due, and I refer to paperwork sent in relation to PCN: YJ06815493, where I have evidence that instead of issuing a PCN notice to me “Driver", TFL should have issued a "Warning Notice".
Please accept my appeal and cancel this PCN YJ06815493 charge and consider this as first time a warning notice.
I am appealing this PCN YJ06815493 for many reasons which includes:
1. The fact that the signs used by TFL do not secure; "that adequate information as to the effect of the order or ULEZ is made available to persons using the road" because they don't tell you anything about having to pay a charge. (http://www.legislation.gov.uk/uksi/1996/2489/regulation/18/made)
2. Not being a London resident and I live many miles from London and never been made aware via any memo, social media, GPS notification, email or letter sent to my home address to inform me of Ultra Low Emission Zone in London
3. Entered into Central London by mistake as I missed my way because I relied on my GPS and because I don’t know London and I had to rely on GPS and google map to guide
When I noticed that I have entered I have entered into Central London, I discussed the Congestion Charge sign post with my wife which she looked carefully because she was on the passenger seat and said we are not within the congestion charge’s hours.
After receiving the PCN charge, I do a little research on google and TFL website to see if we had missed anything during our navigation in London 1st of December 2019 – but two things caught my attention:
1. The sign post or road sign as described was not seen by me or my wife and if it was seen at all, there is no indication that Ultra Low Emission Zone was a chargeable Zone as it can be seen on the TFL website or on the “Congestion Charging Zone” Sign post – perhaps that would have stuck our attention to read more about it before we received the PCN notice.
https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/ulez-road-signs
2. We, meaning my wife and I didn’t see these signs: single road sign saying Ultra Low Emission Zone or side-by-side with Congestion Charging Zone and if had missed it – nothing on it says CHARGING ZONE 24hrs/7days
Without email notifications, advertisement, letter by post or reasonable sign post just like Dartford Charge and Congestion Charging Zone, it will be difficult for people like me living outside of London to be aware of it, and be in a position of knowledge that there is actually anything to pay?
On this issue, I would also emphasize that TFL have statutorily failed to bring my attention to the fact that any charge is payable, due to Low emissions.
The first time I was ever made aware of the Low Emission Charging Zone was via PCN Charge notice which I would have thought should have served as warning notice being the first time and considering no charging information on the road signage or road signage model on TFL website
In summary, my appeal is based on the fact that the signs used by TFL do not secure; "that adequate information as to the effect of the order or ULEZ is made available to persons using the road", because you do not make it explicitly clear that any charge is due, as per the requirements of LATOR 1996.
Finally, it would appear that TFL is aware of the ULEZ poor signage, and the many thousands of local (and other) drivers that were unaware of the requirement that any fine was due, and I refer to paperwork sent in relation to PCN: YJ06815493, where I have evidence that instead of issuing a PCN notice to me “Driver", TFL should have issued a "Warning Notice".
Please accept my appeal and cancel this PCN YJ06815493 charge and consider this as first time a warning notice.
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ello,
My wife and I really could do with some help and advice.
We entered London, only just into the ULEZ zone unaware on 11th May. We later receive two PCNs for entering that zone without paying the fee. One PCN for before midnight and the second after midnight on the return journey. The first time we knew about the ULEZ, what it was about, the fee that needs to be paid and that it is 24 hours was the time we first received those PCNs.
We feel very aggrieved about this and the fines are heavy. Because we received two fines, one for going into London before 12 midnight and a second for the return journey just after midnight, we have two fines, £160 each or £80 if paid early (so £160 or £320 as totals). This is heavy. We accept we drove into the zone and having now checked, that our car being a 2014 diesel would not be exempt. However, whilst we are aware of the congestion charge and knew it was the working week during work hours, whilst we knew about the Low emission zone, we never had to worry about it, so the ULEZ meant nothing to us until we did the research after receiving the PCNs.
We live outside London and never travel in by car, on the night of travel, we saw the usual congestion charge signs but do not remember ULEZ signs. We do not doubt they were there and they are noticeable but on the night we didn’t notice and certainly didn’t think it meant late on a Saturday night we had to pay a fee, twice for each side of midnight. Having now looked at the signs, there is no indication of a charge on the sign. In addition to any signage failings we think the awareness campaign for non Londoners cannot have been sufficient- we knew nothing about it!
The grounds for appeal are very restrictive and limited to arguments like has your vehicle been stolen, did you pay the charge, etc. So don’t allow for mitigating circumstances or any grey areas. We submitted an appeal which was rejected setting out our case for not being aware of it and given it was live for only three days previous, the fact it was such a new scheme had to surely be factored in their decision. However, we now have a few days to take the appeal to the next stage, Adjudicator who will look at it purely from a legal basis - it doesn’t appeal they can take mitigating circumstances into account. Also there is the usual carrot and stick to prevent going to the adjudicator by the offer of a 50% fine being withdrawn if the appeal is taken to the adjudicator.
Can anyone help us know how to challenge this? There isn’t any case law with it being so new. I have heard of someone who went through the zone at a similar time but received a letter saying they would be let off as it’s a new scheme - that person cannot find their letter but if that’s the case it shows inconsistencies in how first offenders are dealt with.
My wife and I really could do with some help and advice.
We entered London, only just into the ULEZ zone unaware on 11th May. We later receive two PCNs for entering that zone without paying the fee. One PCN for before midnight and the second after midnight on the return journey. The first time we knew about the ULEZ, what it was about, the fee that needs to be paid and that it is 24 hours was the time we first received those PCNs.
We feel very aggrieved about this and the fines are heavy. Because we received two fines, one for going into London before 12 midnight and a second for the return journey just after midnight, we have two fines, £160 each or £80 if paid early (so £160 or £320 as totals). This is heavy. We accept we drove into the zone and having now checked, that our car being a 2014 diesel would not be exempt. However, whilst we are aware of the congestion charge and knew it was the working week during work hours, whilst we knew about the Low emission zone, we never had to worry about it, so the ULEZ meant nothing to us until we did the research after receiving the PCNs.
We live outside London and never travel in by car, on the night of travel, we saw the usual congestion charge signs but do not remember ULEZ signs. We do not doubt they were there and they are noticeable but on the night we didn’t notice and certainly didn’t think it meant late on a Saturday night we had to pay a fee, twice for each side of midnight. Having now looked at the signs, there is no indication of a charge on the sign. In addition to any signage failings we think the awareness campaign for non Londoners cannot have been sufficient- we knew nothing about it!
The grounds for appeal are very restrictive and limited to arguments like has your vehicle been stolen, did you pay the charge, etc. So don’t allow for mitigating circumstances or any grey areas. We submitted an appeal which was rejected setting out our case for not being aware of it and given it was live for only three days previous, the fact it was such a new scheme had to surely be factored in their decision. However, we now have a few days to take the appeal to the next stage, Adjudicator who will look at it purely from a legal basis - it doesn’t appeal they can take mitigating circumstances into account. Also there is the usual carrot and stick to prevent going to the adjudicator by the offer of a 50% fine being withdrawn if the appeal is taken to the adjudicator.
Can anyone help us know how to challenge this? There isn’t any case law with it being so new. I have heard of someone who went through the zone at a similar time but received a letter saying they would be let off as it’s a new scheme - that person cannot find their letter but if that’s the case it shows inconsistencies in how first offenders are dealt with.
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