Appealing A Congestion Charge Notice Help?

Jit_2

I received a fine through the post not that long ago and appealed on the grounds that I wasn't driving the car at the time.

I drove up to London to assist at a school giving lectures, I left my car and car keys at a friends flat.

On the penalty notice I received it stated I was in the congestion charge zone at around 1pm, when in fact I was at the school.

The school kindly sent me a letter stating my attendance at the time of the incident, which I sent off with the appeal.

I was sent a letter back asking for further proof such as a crime ref number and police station I had reported the car being "borrowed" to.

As I was unaware of the car being borrowed until I received the penalty notice through the post I had not reported the offense and there for could not provide the information they wanted, in return they declined my appeal and said as the car was registered under my name is was my responsibility.

Is this true? I have proved I wasn't driving the car so do I have to pay?

flyingscotno1

Jit wrote: »

they declined my appeal and said as the car was registered under my name is was my responsibility.

Is this true? I have proved I wasn't driving the car so do I have to pay?

AFAIK Yes unless it was a cloned car number plate (happening on a regular basis) or it was stolen/used without permission.

You need to check whether this was your car!

Jit_2

flyingscotno1 wrote: »

AFAIK Yes unless it was a cloned car number plate (happening on a regular basis) or it was stolen/used without permission.

You need to check whether this was your car!

This did cross my mind at first but have no idea oh how to find out if it was a clone, I also have a good feeling its not a clone and that it was just borrowed without my consent.

The appeal I sent off did state the car was used/borrowed without my consent and this was declined and this is the part I'm confused about because the car was borrowed with me not knowing I wasn't aware of the car being in the congestion zone until I received the penalty through the post so how can they ask me for a crime ref number???

KeithP

Jit wrote: »

...so how can they ask me for a crime ref number???

Taking a car without the consent of the owner is a crime, I believe.

Andy_L

has your friend owned up to you about driving the car?

You could shop your friend to the police for using your car without permission thus getting a crime reference number. Obvioulsy that has a number of social problems

KeithP

Why hasn't your friend offered to pay the Congestion Charge fine?

Or perhaps more to the point, why didn't he/she pay the CC on the day?

Jit_2

KeithP wrote: »

Taking a car without the consent of the owner is a crime, I believe.

not knowing your car was taken without its consent leads you to believe no crime had taken place, and therefor you would not report the crime?

I was only aware of my car being used without my consent after I received the penalty notice.

and I'm sure I wont get a crime ref number for going into a station and saying my car was borrowed without my consent, but I'm not sure who it was?

in regards to my friend paying the fine, she has said she wasn't the one driving the car. Though she did have a few friends over that day that stayed over as they were visiting the city and it is one of these I believe that used my car.

DirectDebacle

Jit wrote: »

not knowing your car was taken without its consent leads you to believe no crime had taken place, and therefor you would not report the crime?

I was only aware of my car being used without my consent after I received the penalty notice.

and I'm sure I wont get a crime ref number for going into a station and saying my car was borrowed without my consent, but I'm not sure who it was?

in regards to my friend paying the fine, she has said she wasn't the one driving the car. Though she did have a few friends over that day that stayed over as they were visiting the city and it is one of these I believe that used my car.

The real dilemma is how much you value your friendship. The police will take a crime report as you are reporting it as soon as reasonably practicable. The crime reference will get you off the hook.

It is the polices job to investigate and establish who the driver was. Whoever the driver was would be prosecuted for taking without owners consent and no insurance. In addition to the fines/penalty points they would have the congestion charge to pay.

Your alternative is not to appeal, pay the fine yourself and take the matter up with your friend or friends friend.

maninthestreet

Confront your 'friend' about this congestion charge - ask him/her to pay up, or you go the police for taking it without your consent, and drving without insurance.

KeithP

Jit wrote: »

not knowing your car was taken without its consent leads you to believe no crime had taken place, and therefor you would not report the crime?

Yes, I can relate to that.

Jit wrote: »

I was only aware of my car being used without my consent after I received the penalty notice.

and I'm sure I wont get a crime ref number for going into a station and saying my car was borrowed without my consent, but I'm not sure who it was?

Now you know a crime has taken place, why can you not report it?

Isn't it the case that many times a crime is committed the perpetrator is unknown?

Jit wrote: »

in regards to my friend paying the fine, she has said she wasn't the one driving the car.

And so have you, but that didn't help did it?
You left the keys with her, does she take no responsibility?

Jit wrote: »

Though she did have a few friends over that day that stayed over as they were visiting the city and it is one of these I believe that used my car.

You will be able to give their names to the police then... to help them get started.