FOI request detail

Congestion Charge PCN Deadline

Request ID: FOI-1023-1718
Date published: 09 August 2017

You asked

Please can you confirm to me that TFL's Congestion Charge department is covered by The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001? Can you therefore confirm that the charging authority (TFL in this case) are bound by Part 3, Section 10, Paragraph 5 of the aforementioned regulation which states that TFL have a 56 day deadline to respond to representations? Can you therefore confirm to me that any representations which are not responded to within this deadline are deemed to have their grounds accepted as per Part 3, Section 10, Paragraph 8 of the aforementioned regulations? Can you confirm the number of representations which have not been responded to within this 56 day deadline in the last 2 years? Finally, can you confirm the organisation responsible for ensuring that TFL meet these regulations?

We answered

Our Ref:         FOI-1023-1718

Thank you for your request received on 31 July 2017 asking for information about the Congestion Charge.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require. You asked for:

The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 is a Statutory Instrument made by the Lord Chancellor, which is binding on any Authority in London that operates a charging scheme. As the Authority responsible for the operation of the Central London Congestion Charging Scheme, TfL is therefore bound by the Regulations.

Part III of Regulations deals only with the removal or immobilisation of a vehicle in relation to the non payment of any charge imposed by a charging scheme. Regulation 10 sets out that, when a vehicle is removed or immobilised by TfL (due to non payment of the Congestion Charge or non payment of a Congestion Charging penalty charge notice (PCN)), the owner of the vehicle has the right to make representations to TfL against the removal or immobilisation. Regulation 10(5) sets out TfL’s duty to consider such representations and serve notice of its decision within 56 days. If TfL rejects the representations, the owner has the right to appeal to the independent adjudicator at the London Tribunals. If TfL fails to respond to the representations with 56 days, the representation is deemed to have been accepted.

TfL does not remove or immobilise vehicles for non payment of the Congestion Charge or for non payment of a Congestion Charging PCN. Therefore, since we have not received any representations against the removal or immobilisation of any vehicle within the last two years, the duty to respond within 56 days does not arise.

To clarify, the specific regulations you have quoted refer only to removals and immobilisations. Part IV of the Regulations deals with penalty charges issued for non payment of the Congestion Charge itself. Under Regulation 13(6), TfL has a duty to consider representations received against Congestion Charging PCNs and to serve notice of its decision, however there is no deadline imposed.

If this is not the information you are looking for please feel free to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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