What is a Low Emission Zone Charge?
Why have I got a Penalty Charge Notice?
I don't agree with the Penalty Charge. What can I do?
Can I pay the Penalty Charge and still make representations?
I made representations to Transport for London but they were rejected. What can I do next?
How much will it cost to appeal?
Do I need to attend the hearing?
When is the Hearing Centre open?
How long does the appeals process take from start to finish?
Why have I received a visit from a bailiff?
I did not receive the Penalty Charge Notice. What can I do?
I appealed to the Adjudicator against the Penalty Charge Notice but I did not receive a reply from the Tribunal. What can I do?
What is a Statutory Declaration?
Where can I swear a Statutory Declaration?
What will happen if I file a Statutory Declaration with the Court?
How do I get a Statutory Declaration Form?
How do I contact the Traffic Enforcement Centre?
The Congestion Charge Scheme is enforced by Transport for London and requires any motorist who uses or keeps a vehicle on any road within the Congestion Charge Zone during its hours of operation to purchase a ‘licence’ (a Congestion Charge).
Failure to pay the Congestion Charge before midnight on the following charging day after the date of travel, where the vehicle is not eligible/registered for an exemption or discount, results in a Penalty Charge being incurred.
Full details of the Congestion Charge Scheme can be obtained directly from Transport for London.
The Low Emission Zone Scheme is enforced by Transport for London and requires any motorist who uses or keeps certain types of vehicles on any road within the Low Emission Zone to purchase a charge.
Failure to pay the charge for a relevant vehicle before midnight on the next working day after the date of travel results in a Penalty Charge being incurred.
The Low Emission Zone Scheme does not apply to cars or motor cycles. With effect from 04 February 2008, it applies to certain types of larger lorries, buses, coaches and vehicles over 3.5 tonnes. Minibuses below 5 tonnes, large vans, motor caravans, ambulances and similar vehicles below 3.5 tonnes are affected from October 2010.
A charge of £200 per day is payable for a relevant vehicle. Penalties for non-payment are fixed at £1000, discounted to £500 if paid within 14 days.
The Low Emission Zone Scheme applies 24 hours per day, 365 days per year, from midnight to midnight and applies to the whole of Greater London, not just within the Congestion Charge Central Zone.
Appeals against Low Emission Zone Penalty Charge Notices are to be made to The Parking and Traffic Appeals Service and will be determined by the independent Road User Charging Adjudicators. The procedures for appealing a Low Emission Zone Penalty Charge Notice are the same as for Congestion Charge Penalty Charge Notices.
Full details of the Low Emission Zone Scheme can be obtained directly from Transport for London.
Why have I got a Penalty Charge Notice?
If a relevant vehicle has been identified by Transport for London as having been used or kept on a road within the Congestion Charge zone or the Low Emission Zone during the hours of operation of the scheme without a Charge having been purchased, a Penalty Charge is incurred.
A Penalty Charge Notice is then usually sent by Transport for London to the registered keeper of the vehicle, giving details of the contravention and explaining what to do next.
I don’t agree with the Penalty Charge. What can I do next?
The Penalty Charge Notice explains how to make representations to Transport for London against the Penalty Charge.
There are strict time limits which apply to making representations and paying the Penalty Charge.
If you do not make representations in time, you might not have the right of challenge.
Can I pay the Penalty Charge and still make representations?
Yes. The Penalty Charge Notice explains how to pay the Penalty Charge and make representations.
There are strict time limits which apply to making representations and paying the Penalty Charge.
If you do not make representations in time, you might not have the right to contest the Penalty Charge.
You may not be entitled to a discount on the amount of the Penalty Charge if you do not pay the Penalty Charge within the discount period stated on the Penalty Charge Notice.
I made representations to Transport for London but they were rejected. What can I do next?
If you do not agree with Transport for London’s decision to reject your representations, you have the right to appeal to an independent Adjudicator.
There are time limits which apply to making an appeal to the Adjudicator. If you do not make representations in time, you might not have the right appeal.
If your representations against the Penalty Charge are rejected by Transport for London, you should receive a ‘Notice of Rejection’ which tells you how and when to appeal to an independent Adjudicator.
Appeals should be made by sending a fully completed Notice of Appeal to the Parking and Traffic Appeals Service.
The Notice of Appeal form contains only six grounds of appeal, none or which fit my situation. Can I still appeal?
The Regulations provide only six grounds of appeal. The independent Adjudicators are bound to consider only the grounds of appeal set out by law.
This may mean that the Adjudicator refuses your appeal if one of the six grounds has not been established.
However, each case will be considered on its own facts and evidence and the Adjudicator will look to ensure that both parties to the appeal (you and Transport for London) have properly complied with the law and procedures.
An appeal may be allowed if an Adjudicator finds that Transport for London has not followed the correct procedure or has acted procedurally unfairly at any point during the appeal.
The purpose of the appeal hearing is for the Adjudicator to decide by reference to the evidence, the facts and the law, whether you are liable to pay a Penalty Charge to Transport for London.
You can ask for your appeal to be considered by the Adjudicator at a personal hearing when you can attend to present your case, or for your appeal to be consider on the papers and for the Adjudicator’s decision to be sent to your by post.
How much will it cost to appeal?
There are no fees or charges involved in submitting an appeal to the Tribunal.
If you lose your appeal, you will be liable to pay only the amount of the Penalty Charge Notice and any enforcement costs as directed by the Adjudicator.
You will not be liable to pay your opponent’s (Transport for London’s) costs unless in very rare circumstances the Adjudicator determines that you have acted ‘frivolously’, ‘vexatiously’ or ‘wholly unreasonably’ in bringing your appeal (please see section on costs blow).
The appeals procedure is designed to be free and not to discourage people from appealing through fear of paying costs and charges.
Please note however that any expenses you incur in travelling to the hearing centre, taking time off work or administrative costs will usually not be paid to you even if your appeal is successful.
If you would like to see whether you can obtain free advice, please click here.
Do I need to attend the hearing?
No. The tribunal recognises that many people may not be able to attend the hearing centre.
You can request that the Adjudicator considers your case on the basis of your written representations and evidence.
You will then be notified of the Adjudicator’s decision by post.
When is the Hearing Centre open?
The tribunal is intended to be very flexible. This is reflected in the opening times of the hearing centre.
With the exception of public holidays, the hearing centre is open for appeal hearings from 10:00 to 17:00 every weekday with extended opening hours to 20:00 every Tuesday and Wednesday.
The hearing centre opens for appeals at 08:00 every Thursday. On Saturdays the hearing centre is open from 09:00 to 13:00. The hearing centre is closed every Sunday.
How long does the appeals process take from start to finish?
Most appeals where the Appellant has requested a personal hearing before an Adjudicator will be heard within around 2 months of the tribunal receiving the Notice of Appeal. There is a longer waiting time for appeals which are determined by post.
The following questions cover issues relating to bailiffs, Statutory Declarations and the Traffic Enforcement Centre.
Why have I received a visit from a bailiff?
A bailiff has been instructed by Transport for London because a Penalty Charge Notice has not been paid or contested. Before Transport for London is able to instruct a bailiff to recover a debt, however, the following steps should have occurred:
I did not receive the Penalty Charge Notice. What can I do?
If you wish to contest the Penalty Charge, you must swear a Statutory Declaration before a Solicitor, Commission for Oaths or Court Officer and file it with the Northampton County Court Traffic Enforcement Centre, declaring that you did not receive the Penalty Charge Notice.
I made representations to Transport for London against the Penalty Charge Notice but I did not receive a reply from them. What can I do?
If you wish to contest the Penalty Charge, you must swear a Statutory Declaration before a Solicitor, Commission for Oaths or Court Officer and file it with the Northampton County Court Traffic Enforcement Centre, declaring that you made representations to the Local Authority but did not receive a reply.
I appealed to the Adjudicator against the Penalty Charge Notice but I did not receive a reply from the Tribunal. What can I do?
If you wish to contest the Penalty Charge, you must swear a Statutory Declaration before a Solicitor, Commission for Oaths or Court Officer and file it with the Northampton County Court Traffic Enforcement Centre, declaring that you made representations to the Local Authority and upon receiving a Notice of Rejection, then appealed to the Adjudicator but did not receive a reply.
What is a Statutory Declaration?
A Statutory Declaration is a formal legal declaration sworn under oath. There are only three grounds upon which a Statutory Declaration may be sworn in relation to parking and traffic enforcement. They are:
Making a false declaration is a criminal offence which can result in a prison sentence.
Where can I swear a Statutory Declaration?
The Statutory Declaration must be sworn before one of the following before it can be accepted by the County Court:
What will happen if I file a Statutory Declaration with the Court?
If the County Court is satisfied that the Statutory Declaration has been properly made, it will usually make a Court Order cancelling the Order for Recovery and the Charge Certificate (and thereby cancelling the bailiffs) but the Penalty Charge will not be cancelled and will remain ‘live’. Transport for London is entitled to continue to pursue the Penalty Charge.
If the Statutory Declaration was made on the ground that you did not receive the original Penalty Charge Notice. Transport for London should then send another copy of the Penalty Charge Notice to you and you will then have the opportunity to make representations against the Penalty Charge Notice and follow the usual appeals process.
If the Statutory Declaration was made on the grounds that you made representations to Transport for London or appealed to the Adjudicator but did not receive a reply, Transport for London is then under a duty to refer the case to the Adjudicator for further consideration.
The Adjudicator will then decide whether the case should proceed to an appeal hearing in the normal way.
How do I get a Statutory Declaration Form?
Contact Transport for London or contact the Northampton County Court Traffic Enforcement Centre (TEC) to request a Statutory Declaration Form.
You may need to make an application to TEC to file the Statutory Declaration ‘out of time’. You will be able to get further information from TEC.
When you have completed the form and had it sworn, you should send the form to TEC, not Transport for London.
How do I contact the Traffic Enforcement Centre?
Telephone: 08457 045007
Northampton County Court
St.Katherine’s House
St.Katherine’s Street
Northampton
N1 2LH