Congestion Charge Problem
Author
Discussion

rus wood

Original Poster:

1,233 posts

287 months

Wednesday 1st October 2003
quotequote all
Today I received a penalty notice for not paying for the congestion charge. At the time the car was photographed it was being recovered for me by the AA and taken from Reading to Romford.
The car must have been on the back of a lorry but the number plate would have been visible.
The AA will be sending me a letter confirming that my car was being recovered but the AA recovery policy insists that the AA will not pay tolls.
Has this happened to anybody else and what is my next action.
How can I get a copy of the law for congestion charging, I presume that the offence is being inside the area not driving in it and the photograph will be evidence of this regardless of it being on the lorry - am I banged to rights, should I pay the penalty at £40 before it escalates to £80?

Russ

outlaw

1,893 posts

286 months

Wednesday 1st October 2003
quotequote all
now that is taking the piss.

Hedders

24,460 posts

267 months

Wednesday 1st October 2003
quotequote all
One more reason to keep some fake plates handy.....

Pies

13,116 posts

276 months

Wednesday 1st October 2003
quotequote all

john_p

7,073 posts

270 months

Thursday 2nd October 2003
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Write to them and explain, I'm sure most reasonable people would drop it.

However I have a feeling the CC people aren't reasonable.. but I'm sure you'll be able to get some good publicity about it! I can see the headline in the Sun now..

hornet

6,333 posts

270 months

Thursday 2nd October 2003
quotequote all
Definitely get on to a tabloid about this - they'd lap it up.

This CC thing really does take this piss. First they complain that it works too well and they aren't making enough money (not that money was ever the issue, oh no), then because average speeds have gone up all the Think of the Children mob get in a flap, and now this!

streaky

19,311 posts

269 months

Thursday 2nd October 2003
quotequote all
Now, here's a hypothetical idea. If everyone who works 'up in town' were to walk or cycle around the CC zone with a number-plate on their back ...

I doubt it's a crime - even to have a real number-plate on your back. It might be worth the publicity and encourage others to follow suit if it were your nunber-plate ... because not only the tabloids but also the broadsheets would love it!

Of course, if you were to use someone else's number-plate it might be amusing but it could also cause them some inconvenience (and you wouldn't want to do that, would you? Not even to use Mr Brunstrom's number-plate!)

It would likely stretch Capita's capacity to process the notices and the appeals and would be an excellent protest.

Now, anyone (BiB, bar-room/cell-block lawyers, or even real lawyers) tell me if an offence would be committed?

Streaky

NOTE: this thread is NOT to be taken as any incitement to commit a crime, if to do as hypothetically suggested above is a crime!

>> Edited by streaky on Thursday 2nd October 08:23

JMGS4

8,872 posts

290 months

Thursday 2nd October 2003
quotequote all
That is definitely taking the p*ss. I'D let it run and let them run their bills up as high as possible then take them to court for "demanding money with threats", "attempted extortion", possibly misuse of power and anything else you can throw at them. Get the tabloids on your side and get them to foot the bill if you haven't any legal insurance..... Anything to discredit these communist barstewards and their extortion is good.... They're OUR roads and are fully paid for, not a pocket filling exercise for some greenslime commie with other agendas ........

David A

3,704 posts

271 months

Thursday 2nd October 2003
quotequote all
Unless it was being towed and they got your number not the one of the towing vehicle ???

If it was on the back of a transporter - it wasn't being driven in the zone so wtf. I'm sure the small print is about the car being driven in the zone if they have worded it to say moving then thats just silly. There is no point writing, btw, you have a bit on the back of the fine form to fill out to plead your case or something like that.

Dave

rus wood

Original Poster:

1,233 posts

287 months

Thursday 2nd October 2003
quotequote all
Pies referred me to the web-site but I was unable to find the actual wording of the regulations there.
These days laws are rarely related to an actual offence, e.g. not displaying a tax disk rather than not having one. So the offence is probably "allowing your number plate to be photographed within the zone" rather than anything like actually driving in the zone. But I can't find a way to check it, they probably fixed it so there is no way around it.
The TFL web-site says that every picture is manually checked before a penalty notice is issued, I can't believe that a human operator could be so careless to allow a notice for a car on a transporter (not just being towed) to be done - can you?

streaky

19,311 posts

269 months

Thursday 2nd October 2003
quotequote all
rus wood said:
Pies referred me to the web-site but I was unable to find the actual wording of the regulations there.
These days laws are rarely related to an actual offence, e.g. not displaying a tax disk rather than not having one. So the offence is probably "allowing your number plate to be photographed within the zone" rather than anything like actually driving in the zone. But I can't find a way to check it, they probably fixed it so there is no way around it.
The TFL web-site says that every picture is manually checked before a penalty notice is issued, I can't believe that a human operator could be so careless to allow a notice for a car on a transporter (not just being towed) to be done - can you?
YES! On teh basis of "pay peanuts ..."

V12Bob

652 posts

268 months

Thursday 2nd October 2003
quotequote all
streaky said:
Now, here's a hypothetical idea. If everyone who works 'up in town' were to walk or cycle around the CC zone with a number-plate on their back ...

I doubt it's a crime - even to have a real number-plate on your back. It might be worth the publicity and encourage others to follow suit if it were your nunber-plate ... because not only the tabloids but also the broadsheets would love it!

Of course, if you were to use someone else's number-plate it might be amusing but it could also cause them some inconvenience (and you wouldn't want to do that, would you? Not even to use Mr Brunstrom's number-plate!)

It would likely stretch Capita's capacity to process the notices and the appeals and would be an excellent protest.

Now, anyone (BiB, bar-room/cell-block lawyers, or even real lawyers) tell me if an offence would be committed?

Streaky

NOTE: this thread is NOT to be taken as any incitement to commit a crime, if to do as hypothetically suggested above is a crime!

>> Edited by streaky on Thursday 2nd October 08:23


Would it not work more effectivly, if say 50 people were to wear the same number, and walk about in different areas at the same time:

deltaf

6,806 posts

273 months

Thursday 2nd October 2003
quotequote all
You can wear anything you like. Suppose it was a black T shirt, with your OWN number plate on it?
They cant bill you for it, cos their "video evidence" wont show a car in the zone, itll show a person!
And persons arent billable, as its the car the charge relates to!

Busa_Rush

6,930 posts

271 months

Thursday 2nd October 2003
quotequote all
Reading to Romford doesn't force the AA to drive through the charging zone, there are a number of routes they could have used so it's a bit lame of them to suggest you pay it. Ask the RAC what they would have done ? Would make for an interesting exchange

mrs fish

30,018 posts

278 months

Thursday 2nd October 2003
quotequote all
James speaking:

My reading of the small print I found on the site referes to 'driving or parking a vehicle in the zone' clearly you were doing neither therfore you shouldn't need to pay.

Pies

13,116 posts

276 months

Thursday 2nd October 2003
quotequote all
From the con charge web site

"The London scheme requires drivers to pay £5 per day if they wish to continue driving in central London during the scheme‘s hours of operation"

HTH

Hedders

24,460 posts

267 months

Thursday 2nd October 2003
quotequote all
I can see it now, the opening of the new car storage centre in the middle of the congestion zone...All cars towed from anywhere in London will be towed into the congestion zone so you will be charged for that as well as storage

rus wood

Original Poster:

1,233 posts

287 months

Tuesday 14th October 2003
quotequote all
There is a deity after all.
This morning I received a notification of cancellation of the penalty charge. The original charge was blamed on an administrative error.
From the web site:-
"Following a final check at midnight, the computer will keep the registration numbers of vehicles that should have paid but not done so. We will then manually check each recorded image and issue a Penalty Charge Notice of £80"
This seems to be an error by a numptie not checking rather than an administrative error.

No mention of the inconvenience to me or the sleepless nights, the cost of obtaining legal advice (AA £1 per minute legal line) and stamps.

Still a happy ending eventually. Thanks for your messages of support - nobody thought that they could seriously continue with this but there was always a nagging doubt.

outlaw

1,893 posts

286 months

Tuesday 14th October 2003
quotequote all
I would send em a bill for you time and expence m8.

It would be worth the county cort fee to cause em so agro.



anonymous-user

74 months

Tuesday 14th October 2003
quotequote all
I'm with Outlaw on this one. Fill out the forms for the small claims court, send a copy of them with a letter demanding recompense and threatening to take them to court if need be.

You know it makes sense.