ULEZ London huge fine for misunderstanding

by **urchinatheart** Tue Jul 30, 2024 8:49 am

Hello, and thanks to all who work and research on this site. I respect and am grateful for the learning here.
Does anyone have ideas on how to tackle this one please ?
A friend went to London in April 2024 and duly paid the ULEZ charge, a day later than the two day limit but received a payment reference number, and began receiving emails from ULEZ, but none referred to a payment error so he thought it must be paid.
All through May he heard nothing by email or otherwise.
No Penalty Charge Notice was received.
A Charge Certificate arrived, demanding £180.00 in late June, claiming an unpaid penalty charge, and a Statutary Declaration Form which he did not return because he thought he had paid.
He went to visit the bank branches to discover if he had paid, but no account had been debited.
Now has a Court Order from Traffic Enforcement Business Court for £270.00
Thanks in advance to anyone who can spare a bit of this lovely summer time to reply.
He has about 2 weeks to respond befor recovery starts.

by **daveiron** Tue Jul 30, 2024 11:44 pm

My thoughts are ,he believed he had paid. What method did he use ? If by phone ,i presume its a dedicated number,what do his phone records show ?
If not by phone what records does he have ?

by **urchinatheart** Wed Jul 31, 2024 3:14 pm

The charge was paid online, he had to open an account and from then on got email messages from that time onwards, such as updates to TfLs polcies and offers etc. but no reference to an unpaid charge.
Will write an explanatory letter with evidence of his attempt to pay. Thank you, good idea.

by **daveiron** Wed Jul 31, 2024 11:44 pm

Sounds like their error,not his responsability . If he can prove it,bill them for his time and harassment . It works both ways.

by **urchinatheart** Thu Aug 01, 2024 12:03 am

Another good idea, thank you.

by **urchinatheart** Fri Aug 23, 2024 7:25 pm

SUCCESS !!
The Court Claim form for £180.00 came accompanied by a Statutory Declaration form, but not returned as my friend was certain he had paid.
As a result, the Northampton Business Centre County Court (Bulk process) issued an Order for Recovery of £280.00.
In line with DI's idea of explaining the reasons for certainty of payment, he sent another document in the same format as the Stat. Dec., together with the Court's one. The box for 'Did not receive a Penalty Charge Notice' was checked on the Court's
paperwork.
On his document he declared that he had paid and quoted the payment reference number, explained that many TfL email messages had been sent, not one mentioned a missed payment, and no Penalty Charge Notice had been received, and that he therefore believed the charge should be removed.
The two documents were taken to the local Solicitors' Office for swearing and witnessing (cost £10.00 for both). (The Solicitor and her secretary were intrigued to learn that the ULEZ signage had already been ruled as illegal since no monetary charge for breaching it is shown).
The result - the unpaid penalty charge has been revoked and the charge certificate has been cancelled ! Thank you GoodF and DI, great work !!

by **daveiron** Sat Aug 24, 2024 12:48 am

I forgot to add;

Act of Union 1707
IV

That all the Subjects of the United Kingdom of Great Britain shall from and after the Union have full Freedom and Intercourse of Trade and Navigation to and from any port or place within the said United Kingdom and the Dominions and Plantations thereunto belonging And that there be a Communication of all other Rights Privileges and Advantages which do or may belong to the Subjects of either Kingdom except where it is otherwayes expressly agreed in these Articles

VI

That all parts of the United Kingdom for ever from and after the Union shall have the same Allowances Encouragements and Drawbacks and be under the same Prohibitions Restrictions and Regulations of Trade and lyable to the same Customs and Duties on Import and Export And that the Allowances Encouragements and Drawbacks Prohibitions Restrictions and Regulations of Trade and the Customs and Duties on Import and Export settled in England when the Union commences shall from and after the Union take place throughout the whole United Kingdom .

Def of freedom (Merriam Webster); : the absence of necessity, coercion, or constraint in choice or action /
: the quality or state of being exempt or released usually from something onerous

by **urchinatheart** Sat Aug 24, 2024 10:31 am

Thanks for that reminder, maybe that's another reason that the fines are being judged as illegal. I'll tell him to put that on his Sta.Dec if it happens again !

by **assassin** Sat Sep 07, 2024 4:16 am

I would now issue a counter claim to recover your losses, you have incurred £20 for witnessing documents, your time, fuel, car parking, etc so claim for all this.

by **urchinatheart** Sat Sep 07, 2024 9:56 pm

Not finished with it yet.. A 1st Class signed-for envelope a few days after contained...a Penalty Charge Notice for the April offence ! Due process in reverse, with only £90.00 demanded this time... TfL refers to it as a 'discount' Penalty Charge. How kind they are !

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ULEZ London huge fine for misunderstanding

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