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London Congestion Charge penalty question...

Hi all,

Im wondering if anyone can offer any advice regarding appeals against congestion charging penalties. Although my question isnt the normal issue I wouldnt imagine.

I received a penalty notice around 3 weeks ago for failing to pay the CC on Christmas Eve 2009 as I was on my way to my parents in Essex, from my partners place in Central London. Obviously with the christmas period with the family (and all the [STRIKE]stress[/STRIKE], I mean joy it brings), I completely forgot to pay the charge. Now, I have no problem paying the charge.... well I do actually, but I still pay it anyway asI have done on numerous previous ocassions, but on this time it clearly and completely slipped my mind.

Anyway, I challenged the charge stating all of the above in the hope of appealing to their better nature (Yeh, I know, fat chance) and even enclosed a cheque for £8 to cover the original charge in the hope this may help.

Unfortunately it didnt though as Ive just received a reply from them saying that the appeal was unsuccesful and I now have to pay the fine..... except, they stated that they have banked the £8 cheque I sent for the original charge and so now I only have £52 of the £60 fine to pay. So my question is this.... (and I appreciate I may be clutching at straws here) but are they allowed to bank the cheque I sent as I was clearly appealing the fine and specifically stated in the letter that the £8 was for the original charge I forgot to pay. Its just a little irksome that they have taken the money despite the fact that I could choose to take the matter further with PATAS if I so desired.

I obviously dont want to pay the charge, but if I have to then so be it, however if TfL shouldnt be doing this and I can avoid paying it then I'd rather have the money in my pocket than theirs. :money: :D

Any advice would be appreciated.

Cheers

Comments

  • Hi

    Sorry to hear you got a penalty charge.

    There was a freedom of information request recently which meant that TFL had to publish their London Congestion Charge Appeals Process.

    Its open to interpretation but I think it would be difficult to avoid paying the charge. On page 26 of the documents it says the following which seems to be the closest example to your circumstance.
    States paid – on investigation, Not a Registered Resident, discounted charge paid instead of full Paid charge. - REJECT

    For information can be found by searching for the following in Google

    Do I have to pay a London Congestion Zone penalty charge

    Hope that helps.
  • bordercars
    bordercars Posts: 1,355 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What bugs me , is after a long day in town and then a 2 hour drive home you forget to to pay and the next day it's a tenner. as to the original post. sorry but i think they have all angles covered.
    Div 1 Play Off Winners 2007
    CCC Play Off Winners 2010
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I am surprised you only got the penalty notice 3 weeks ago tbh , I would have expected the penalty to be at £120 by now . There will be no leeway on this fine , after there must be hundreds ( or more ) people who 'forget' to pay it .............and they do send out baliffs to collect unpaid fines
    Vuja De - the feeling you'll be here later
  • Treadway1
    Treadway1 Posts: 826 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Thanks for all the replies. Looks like Im gonna have to pay it after all.... Oh well!

    I sent off the challenge within 14 days of receiving the notice so obviously the charge was held at the discounted price until I heard a response which I now have, and have been given another 14 days to pay the £60 (or £52) fine!

    Thanks again though, all
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