London congestion charge unfair?

Palec

Hello,

I received PCN from London congestion charging with photo of my vehicle. I have to admit that it was partly my fault, because I registered last minute for my continual education in Church House Westminster. It was my first trip by car to London, heard about congestion charges before, but was not sure which area etc...Well when I was there I have seen notice board saying something about it, but as I would be late, I just followed navigation.
The question is if £65 is the sum to pay, they sent me letter that if I pay only £11.50 which I should pay beforehand, they will take it as part payment, if not paid within 14 days, it will be £130.
Well I am not sure if my mitigating factors would be considered, as I could prepare for the journey without panicking for sure regardless it was last minute. Not sure if I make online representation and it will be rejected, how much U have to pay, it is unclear, written there they will let me know how much, I suppose probably £130. Any ideas what to do? Thank you

Alter_ego

What are the mitigating factors?

pappa_golf

there are NO mitigating circumstances , even people living in scootland know (or have read about) the congestion charge , pay the reduced fine now and learn

Palec

Alter_ego wrote: »

What are the mitigating factors?

Well probably none, I just organised trip for continual education in last minute within 24 hours unknown where I am going, so my fault...

Coupon-mad

Must admit I don't know about the CC as I avoid driving into London except on a Sunday. I normally take the train if shopping there or going to see one of my kids.

So can you pay £11.50 as it's a first 'offence' or not? What exactly does that part say?

I thought with the Dartford Crossing you could, when getting a first PCN, pay the tariff not a penalty. So doesn't the CC allow the same thing first time?

Palec

Well it is first time, but if it is mitigating factor...doubt it. googled congestion charges and they have 6 points they would consider and first timers are not listed. 11.50 would be cool, so.

pogofish

pappa_golf wrote: »

there are NO mitigating circumstances , even people living in scootland know (or have read about) the congestion charge , pay the reduced fine now and learn

And plenty of people in Scotland got penalised for the CC a while back, despite never having driven in London, thanks to some screw-up in TFLs system - and TFL were not in the least bit accomodating/helpful or willing to accept that they were less than perfect - search back here for quite a few threads on the subject! :mad:

Coupon-mad

Palec wrote: »

Well it is first time, but if it is mitigating factor...doubt it. googled congestion charges and they have 6 points they would consider and first timers are not listed. 11.50 would be cool, so.

Yes but what does the sentence about £11.50 actually say? Or is it not offered?

What are the six points of appeal?

fisherjim

There are signs wherever you enter the zone, there are signs when you leave the zone there are signs in the zone.

You can still pay up to 24 hrs after entering the zone.

Anyone driving into London for the first time should surely do some research this is not an easy place to navigate at the best of times.

Your mitigation excuse will not work believe me.

No idea what your letter about the £11.50 part payment means but it suggests a payment made for the wrong day would go towards paying your penalty.

There are full instructions and explanations about the penalties and ways to appeal here:

http://content.tfl.gov.uk/helping-you-with-your-cc-penalty-charge-notice.pdf

Palec

A representation may be made on one of six grounds, or if none of these are applicable you may state the reasons why you do not believe that you are liable for the PCN.

Each ground for representation is defined by Parliament in the regulations governing Congestion Charging.

By clicking on each number below you can find out about each ground, the evidence you need to provide and the circumstances that are applicable. This does not affect your right to make a representation but is a guide to assist you.

Remember,it is for you to prove that you meet any of these grounds.


Ground one: I was not the keeper at the time of the contravention, eg I have never been the keeper, I ceased to be the keeper, I became the keeper after the date of the contravention.

Ground two: I had paid the Congestion Charge due for the vehicle used on that date, in the time and manner required by the charging scheme.

Ground three: no penalty charge is payable under the charging scheme, eg I was not within the charging area during charging hours.

Ground four: the vehicle was used or kept without my consent, eg stolen.

Ground five: the penalty charge exceeds the amount payable in the circumstances of the case, eg I have been requested to pay a penalty charge amount above that detailed in the regulations.

Ground six: we are a vehicle hire firm and the vehicle was hired under an agreement at the time and the person liable signed a statement of liability for any resulting penalty charges.

Mitigation and discretion: if none of the six grounds are applicable you may still make a representation to us, explaining your circumstances and we will carefully consider these.

Coupon-mad

Hmmm...not sure any of those are very helpful to you!

You could read a few cases like this one on pepipoo:

http://forums.pepipoo.com/index.php?showtopic=106052

When you have read that one just go back a step to the Council tickets forum it sits on and put in the word 'congestion' in the bottom left search box and you will find more. None I looked at looked very hopeful and it doesn't look quite as easy as appealing a Council ticket or TFL Box Junction or Bus Lane PCN because there seem to be less grounds you could seize upon.