Congestion Charge Penalty Notice

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Sat 29 May 2010 06:48
Congestion Charge Penalty Notice - Slow Lane

Greetings from the Slow Lane.

I recently received a Penalty Charge Notice (PCN) in connection with the London Congestion Charge, but for a car that I had sold in part exchange more than 18 months ago. No problem. I just filled in the representation and sent it away with all the supporting documents to show that I am no longer the registered keeper. Yesterday I received a letter back telling me of the outcome of my representation.

What is worrying me, and is the reason why I am posting here, is that the letter contains a worrying paragraph that reads as follows:

No further action will be taken against you in respect of the above-mentioned Congestion Charging Penalty Charge Notice. Transport for London reserve the right to reissue the London Congestion Charging Penalty Charge Notice to you.

Before sending my representation I did just check with the DVLA to satisfy my own mind that I was no longer listed as the registered keeper, which they were able to do. When I asked why in that case TfL had sent a PCN to me I was told that if there is no registered keeper for a vehicle they tend to pursue the next nearest registered keeper, which appears to be why they sent it to me. My concern is that they will still be unable to identify who was responsible for the offence and, as presumably the last registered keeper, they will simply reissue the PCN to me.

This seems morally wrong. I have not committed an offence and yet it would appear that I may be pursued for the penalty. I'm not panicking yet, but if TfL wish to pursue the matter it would be my intention to take the option of a day in court. Therefore I would like some information to help me tackle this problem.

Can TfL continue to pursue an individual for an offence that occured when no longer the registered keeper of that vehicle? Has TfL actually exercised this right at any time? If so, has this been legally challenged and what was the outcome?

Thanks in advance.

Slow Lane

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Sat 29 May 2010 07:17
Congestion Charge Penalty Notice - Dwight Van Driver

You will find that the law on CC makes the Reg keeper responsible for the fine unlike speeding where they try and trace the driver.

There is also a get out clause under the legislation for a person to inform Tfl that they are no longer the keeper which they have activated.

However we live ina society where keepers will try and evade their responsibilty and wrongly claim this exemption by naming some else who is then subject of the enquiry and may give information back to the first person. This then can give Tfl the option of pursing that person again which only seems fair to me.

From what you have posted I woul;df suggest you stop worrying..

dvd

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Sat 29 May 2010 11:29
Congestion Charge Penalty Notice - LucyBC

Dwight has outlined the situation correctly. The proviso is there so if they subsequently discovered you were the keeper of the vehicle at the time of the offence then they could re-enact the penalty.

A number of people register the vehicles to names and addresses other than their own to avoid paying parking penalties etc.

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