Is the Current Transport for London ULEZ Penalty Charge Notice Policy Legal?

John2022

Transport For London (TfL) does not allow drivers to check whether a car entered the ULEZ on a specific day. Thus, drivers who are unsure whether they entered the ULEZ have no other options than to pay the charge in advance (1), potentially for nothing, or to gamble and wait for a hypothetical fine (aka Penalty Charge Notice or PCN).

Thus, TfL current policy is unfair because it is:

• Unrealistic

This is particularly true for the many drivers who drive in or near the ULEZ area only occasionally and can therefore easily miss a ULEZ sign because concentrating on finding their direction in often a very heavy road traffic and because occasional drivers do not have the right reflexes to deal with the ULEZ signs. Stated differently, although driver information overload is a well-recognised problem (6), TfL policy does not consider it.

• Unequal

Although Autopay seems adequate for drivers who go inside or near the ULEZ regularly, the £10 yearly fee (7) is comparatively expensive for drivers who might go in these areas on occasion, particularly for those who do not go there every year.

• Incoherent

On one hand, TfL allows drivers not to break the law by permitting them to pay for the charge after they entered the ULEZ (1) but, on the other hand, does not allow them to check whether they are about to break the law (i.e. to check a posteriori whether they have entered the ULEZ zone).

It is interesting to note that under the Subject Access Request (SAR) TfL provides a form allowing users to access pictures of their vehicle taken by TfL (2). However, TfL commits itself to give a reply within a month (2) while it gives only 3 days (1) to pay for the charge after the ULEZ has been entered. Thus, in effect, the SAR form provides the service that could help drivers to remain within the law although uselessly since the check cannot be performed in a timely manner by the drivers.

• Aggressive

The ULEZ PCN is considered as a debt. In other words, it is not forbidden to drive in a ULEZ. Drivers with the inappropriate vehicles merely need to buy the right to drive in them. Thus, rather than sending a bill or a debt reminder, TfL goes straight for the PCN.

The TfL policy could be made fairer via simple amendments. For instance, TfL could extend the 3 days grace period to after the SAR can be replied. Alternatively, instead of sending a PCN straight away, TfL could send the equivalent of a bill or of a debt reminder. Those examples do not intend to be an exhaustive list, i.e. other amendments might be possible as well. However, from a cynical point of view, it is difficult not to note that such fairer amendments would not be as lucrative for TfL; indeed, ULEZ PCNs represent tens of millions of pounds (3).

Therefore, it is hard to believe that this set of unfairness does not, somehow, break some citizen rights, i.e. that it is illegal. Thus, if you are a lawyer then, please, could you shed some light about:

• the legality of the current TfL policy regarding the ULEZ?
• the possibility of a "mass action" (4)(5)?

Many thanks.

Sources:

(1) hxxps://tfl.gov.uk/modes/driving/ultra-low-emission-zone/ulez-payments
(2) hxxps://content.tfl.gov.uk/road-user-charging-subject-access-request-form.pdf
(3) hxxps://www.autoexpress.co.uk/news/355985/tens-millions-pounds-unpaid-ulez-penalties-will-be-pursued-transport-london-pledges
(4) hxxps://www.pinsentmasons.com/out-law/guides/class-actions-in-england-and-wales
(5) hxxps://www.lawgazette.co.uk/news-focus/in-focus-class-action-lawsuits-go-mainstream/5109558.article
(6) hxxps://www.cedr.eu/download/other_public_files/research_programme/call_2013/traffic_management/method/CEDR_METHOD-D1.2-Guidance-Booklet.pdf
(7) hxxps://tfl.gov.uk/modes/driving/autopay-apply-before-you-begin

Umkomaas

As we major on private parking tickets here, PePiPoo will be your best bet for council tickets/procedures. Register there but please note that a hotmail address won't work - try using a throwaway gmail account instead if you do have trouble registering and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

Jenni_D

I don't think the OP is specifically asking for help with a ULEZ charge. But you're right that he'll possibly get more-effective interaction on this over at Pepipoo.

John2022

Many thanks to Umkomaas and Jenni_D for suggesting the Pepipoo forum. The problem is that this website is not secure (i.e. it is not "https"). In this day and age of identity theft, personally, as a good internet hygiene practice, I avoid registering/signing in unsecured websites.

Coupon-mad

That's a shame because that's the forum for your very interesting points.  Umkomaas and I are both on pepipoo and it's perfectly trustworthy snd doesn't hold data (other than your email address) that necessarily has to be spelt correctly.  It doesn't ask for home addresses when registering.

There's nothing to worry about with pepipoo.  It's been running for decades.