Request ID: FOI-1332-2223 Date published: 28 September 2022
You asked
Please could information be given on the percentage of successful discretionary applications be given separately, for the Low Emission Zone and Ultra Low Emission Zone, for the past 5 years.
Clarification received 05/09/2022: . It is related to challenges against Penalty Charge Notices.
I am interested to find out whether discretion to waive the charges is still being appropriately used, or whether this has changed over the past few years.
We answered
TfL Ref: FOI-1332-2223
Thank you for your request received by Transport for London (TfL) on 31st August 2022 asking for information about the Low Emission Zone (LEZ) and Ultra Low Emission Zone (ULEZ).
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“Please could information be given on the percentage of successful discretionary applications be given separately, for the Low Emission Zone and Ultra Low Emission Zone, for the past 5 years.”
On 5th September 2022 this was clarified as follows:
“It is related to challenges against Penalty Charge Notices. I am interested to find out whether discretion to waive the charges is still being appropriately used, or whether this has changed over the past few years.”
I can confirm that we hold the information you require.
When we issue a PCN a motorist has a statutory right to challenge the penalty by submitting a representation to us. Each representation is considered on its own merits and a decision is made whether to accept or reject the representation. We do exercise discretion and consider mitigating circumstances when dealing with representations. This can result in the penalty being cancelled even when it has been correctly issued.
The ULEZ was launched on 8 April 2019 to cover the same area of central London as the Congestion Charging zone. As the scheme was new between 8 April - 10 May 2019 we issued warning notices rather the PCNs.
The scheme was suspended from 23 March to 17 May 2020 in response to the Covid 19 pandemic. In order to ensure that motorists were aware that the scheme had been reinstated, between 18 and 29 May 2020 we issued warning notices rather than Penalty Charge Notices.
On 25 October 2021 the ULEZ was expanded to cover the area up to but not including the North and South circular roads. As the expansion was new between 25 October 2021 and 22 November 2021 we issued warning notices rather than PCNs.
Between 8 April 2019 and 20 September 2022 we issued 2,728,776 ULEZ PCNs. We received 348,940 representations challenging these penalties. 71,707 penalties were cancelled as a discretionary measure as a result of these representations. The most common reason for the cancellation was that the penalty had been issued as a result of the motorist paying the ULEZ charge for the incorrect vehicle registration or incorrect date of travel. Other reasons included a motorists failing to administer their Auto Pay account correctly, resulting in a penalty being issued, and TfL exercising discretion due to extenuating or mitigating circumstances.
The LEZ covers the area inside the M25 and impacts larger vehicle weighing in excess of 3.5 tonnes. Between 1 January 2017 and 20 September 2022 a total of 226,359 have been issued and we have received 21,978 representations. A total of 1,199 penalties have been cancelled as a discretionary measure as a result of these representations. The most common reason for the cancellations were motorists paying for the incorrect vehicle registration and TfL exercising discretion based on mitigating circumstances.
If this is not the information you are looking for please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London