Should I appeal London Congestion Charge Penalty?

chrisll

Hi I am currently in London because my baby was rushed to a London hospital to have heart surgery, this happened on a Sunday and I was under the impression the congestion charge didn't apply then, now things are finally calming down I have had the chance to check and it looks like the congestion charge is for everyday and you have to pay within 3 days so I assume when I get home I will have a penalty waiting for me. If I had known the congestion was applicable it looks like I should have paid and then the hospital would refund the charge. I also had to move my car at one point from the car park to another place 50 meters away, I guess that will mean I will have a second penalty. I called and the lady said she can't do anything or even let me know if I have a charge pending, I will have to wait for the charge to be sent to my home. I believe the charge will be £160 each but £80 if paid right away, so should I appeal? Do I have a case or will appealing mean I will have to pay double?

cymruchris

Not understanding the rules and thinking it didn't apply isn't a reason for appeal - the cameras for the charge are predominantly around the perimeter of the zone to see cars going in and out - so unless you moved over one of those perimeters when you moved your car, it's unlikely you'll be charged twice - particularly if it happened within the same charging period. As you say you'll have to wait and see what comes in the post - but their cameras are fairly sharp at picking up reg plates these days (but not infallible).  Hopefully all is well with the baby now?

pogofish

You should take this over to the Forum at Pepipoo to see what they make of it  They are probably the best at helping out with this kind of thing.

Sign-up with something other than a hotmail address, read the preliminary info carefully and be prepared to submit all the info they ask for (personal details/identifying numbers redacted of course) and post in the appropriate forum.

AdrianC

The congestion charge was extended to cover weekends and later in the evening nearly ten months ago.

https://www.standard.co.uk/news/transport/congestion-charge-rise-evenings-weekends-sadiq-khan-a4470146.html

The signage at all the borders states the operating hours.

Whether your car was spotted by camera during that 50m move from one car park to another depends on whether there's cameras on that stretch of road.

chrisll

cymruchris said:

Not understanding the rules and thinking it didn't apply isn't a reason for appeal - the cameras for the charge are predominantly around the perimeter of the zone to see cars going in and out - so unless you moved over one of those perimeters when you moved your car, it's unlikely you'll be charged twice - particularly if it happened within the same charging period. As you say you'll have to wait and see what comes in the post - but their cameras are fairly sharp at picking up reg plates these days (but not infallible).  Hopefully all is well with the baby now?

Oh yes I know, obviously at the time I wasn't thinking straight but as you say ignorance is not really an excuse. I was just wondering if the fact I should be exempt (or at least the charge will be refunded) would have any impact. My baby is doing great now thanks, might be able to go home any day now! They saved her life so if I have to pay a penalty charge then I will and I wont worry about it, I'd rather that money go to the hospital or a charity though and if I can get it back that's exactly where it will go.

AdrianC

Whether somebody else would have repaid your charge is a very different question to whether you would have been exempt from being charged in the first place.

Write to TfL, laying the situation out with your baby and the hospital. Don't spare the heart-string tugging...
What's the worst that happens? They say no, and you're back where you are now.

Look at the last paragraph of the last section on TfL's challenge page...
https://tfl.gov.uk/modes/driving/congestion-charge/penalties-and-enforcement/challenge-a-penalty-charge/make-a-representation

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.

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.

We will consider mitigating circumstances and in reaching any decision we will always consider the use of our discretion.

Below are examples of circumstances where we have rejected a representation:

• Forgetting to pay the charge but with no mitigating circumstances for this
• Not knowing how to pay the charge
• Not meaning to enter the Congestion Charge Zone but entered as a result of getting lost
• Disapproval of the Congestion Charge
• Not knowing about the Congestion Charge
• Paying the charge via a third party, including and not limited to unofficial websites

If these circumstances match yours then we recommend that you pay the PCN and remember to pay the charge in the future through official channels only. If you are a regular user you may wish to register for Auto Pay. Alternatively, you could pay for a monthly or annual charge which will include some free days.

We do not authorise any third-party website partners to purchase the charge. We are not responsible for any charge payment error or failure that may occur if you use such a website to purchase a charge or where they may purchase the charge on your behalf. We will consider any representations made in these instances on a case-by-case basis. In all cases you would need to consider and provide full supporting evidence that shows your payment, such as bank or credit card statement and any receipt showing the registration number and date of travel.

We are unlikely to accept any representations made where you state you paid the charge via a third party, including and not limited to unofficial websites where you cannot provide a receipt and proof you made the payment.

If, however there are mitigating circumstances which meant that you could not pay or had to enter the zone in an emergency then we may consider these so please make a representation. You will need to explain the circumstances that prevented you from paying and you should provide supporting evidence to demonstrate the emergency. For example, you may have been prevented from paying the charge due to a medical emergency or made a genuine attempt to pay the charge. Where this is the case, you should explain the circumstances as fully as possible and enclose as much evidence as possible to support your case.

chrisll

AdrianC said:

Whether somebody else would have repaid your charge is a very different question to whether you would have been exempt from being charged in the first place.

Write to TfL, laying the situation out with your baby and the hospital. Don't spare the heart-string tugging...
What's the worst that happens? They say no, and you're back where you are now.

Look at the last paragraph of the last section on TfL's challenge page...
https://tfl.gov.uk/modes/driving/congestion-charge/penalties-and-enforcement/challenge-a-penalty-charge/make-a-representation

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.

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.

We will consider mitigating circumstances and in reaching any decision we will always consider the use of our discretion.

Below are examples of circumstances where we have rejected a representation:

• Forgetting to pay the charge but with no mitigating circumstances for this
• Not knowing how to pay the charge
• Not meaning to enter the Congestion Charge Zone but entered as a result of getting lost
• Disapproval of the Congestion Charge
• Not knowing about the Congestion Charge
• Paying the charge via a third party, including and not limited to unofficial websites

If these circumstances match yours then we recommend that you pay the PCN and remember to pay the charge in the future through official channels only. If you are a regular user you may wish to register for Auto Pay. Alternatively, you could pay for a monthly or annual charge which will include some free days.

We do not authorise any third-party website partners to purchase the charge. We are not responsible for any charge payment error or failure that may occur if you use such a website to purchase a charge or where they may purchase the charge on your behalf. We will consider any representations made in these instances on a case-by-case basis. In all cases you would need to consider and provide full supporting evidence that shows your payment, such as bank or credit card statement and any receipt showing the registration number and date of travel.

We are unlikely to accept any representations made where you state you paid the charge via a third party, including and not limited to unofficial websites where you cannot provide a receipt and proof you made the payment.

If, however there are mitigating circumstances which meant that you could not pay or had to enter the zone in an emergency then we may consider these so please make a representation. You will need to explain the circumstances that prevented you from paying and you should provide supporting evidence to demonstrate the emergency. For example, you may have been prevented from paying the charge due to a medical emergency or made a genuine attempt to pay the charge. Where this is the case, you should explain the circumstances as fully as possible and enclose as much evidence as possible to support your case.

Thanks so much, I will do just that!

Supersonos

chrisll said:

Hi I am currently in London because my baby was rushed to a London hospital to have heart surgery, this happened on a Sunday and I was under the impression the congestion charge didn't apply then, now things are finally calming down I have had the chance to check and it looks like the congestion charge is for everyday and you have to pay within 3 days so I assume when I get home I will have a penalty waiting for me. If I had known the congestion was applicable it looks like I should have paid and then the hospital would refund the charge. I also had to move my car at one point from the car park to another place 50 meters away, I guess that will mean I will have a second penalty. I called and the lady said she can't do anything or even let me know if I have a charge pending, I will have to wait for the charge to be sent to my home. I believe the charge will be £160 each but £80 if paid right away, so should I appeal? Do I have a case or will appealing mean I will have to pay double?

You have the delightful Mayor to thank for that. 

You're right that the congestion charge did not apply on Sundays... that is, until lockdown happened.  Even though shops and offices were closed and London was like a ghost town, the mayor decided to extend it to run 7 days a week.

A congestion charge it definitely is not.  This proves it's just a revenue earner.  Sorry you got caught OP - it's totally reasonable for one to assume a congestion charge would not be active on a Sunday.  I'd definitely write to them - it's a unique situation and I think the fact it only recently changed to include Sundays would surely help you.

No harm in trying.