ULEZ No. of: successful appeals by category × people pay charge unnecessarily; policy details why you can't verify whether someone is liable to pay.
Request ID: FOI-1450-2223 Date published: 12 October 2022
You asked
Dear Sir or Madam,
Under the Freedom of Information Act, I would like to request the following information please:
1) The number of appeals against ULEZ fines by month, since the beginning of the scheme.
2) The number in each CATEGORY of the EIGHT GROUNDS for appeal as set out in your standard letter, which are successful against a ULEZ fine, by month, since the beginning of the scheme.
3) And then, further subdividing number 2), the number in each CATEGORY of REASONS why an appeal has been upheld.
4) Further subdividing each of of 1) - 3), the numbers relating to fines issued for people entering the ULEZ at 'Apsley Way' from the A406. (i.e. how many appeals, how many successful appeals, and of the successful appeals what the grounds for upholding the appeals were)
5) The number of people who pay the charge unnecessarily, i.e. those who pay a charge having not actually incurred one; and the number of additional income accrued by TfL as a result of people paying the charge erroneously, by month, since the beginning of the scheme.
6) Details of the policy decision which was taken to not make information available as to whether someone is liable for a charge by contacting TfL (such as the one which IS in place for Dart Charge), including the impact analysis of this decision and the rationale for why this decision was taken, when clearly you have this information, as you would not be able to enforce the charge otherwise.
7) Any consideration which has been given during policy design for people making wrong turns and seeking to then avoid entering the zone, and how this has considered things such as signage, safety (e.g. people making dangerous maneuverers to avoid entering the zone).
I am hoping that, especially as regards 1-3, this is information which is readily available and will not be too onerous for you as I appreciate the impact FOIA requests can have. However, if you need to contact me to clarify or refine my request I would be more than happy to hear from you.
With thanks and regards
We answered
TfL Ref: 1450-2223
Thank you for your request received by us on 15 September 2022 asking for information about the Ultra Low Emissions Zone scheme (ULEZ).
Your request has been considered in accordance with the requirements of the Environmental Information Regulations and our information access policy. I can confirm that we hold some of the information you require. You asked for:
1) The number of appeals against ULEZ fines by month, since the beginning of the scheme.
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 and 10 May 2019 we issued warning notices rather Penalty Charge Notices (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, 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.
Since the ULEZ began, we have issued 2,888,369 PCNs as of 11 October 2022.
If a vehicle owner receives a PCN they believe to have been wrongly or unfairly issued, they have the right to challenge it by making a representation as instructed on the PCN itself. If the representation is accepted, the penalty is cancelled. If we reject the representation, the motorist has a further right of appeal to an Independent Adjudicator at London Tribunals. If the appeal is refused the penalty remains open, if it is allowed the penalty is cancelled.
Of the 2,888,369 PCNs issued, we received 363,421 representations broken down by month in the table below:
Month
PCNs issued
2019
May
6,811
June
12,328
July
10,550
August
9,972
September
9,119
October
7,708
November
6,976
December
7,518
Total
70,982
2020
January
5,946
February
4,963
March
3,762
June
4,515
July
5,409
August
5,672
September
5,110
October
4,145
November
3,421
December
3,693
Total
46,636
2021
January
2,221
February
2,187
March
2,338
April
2,469
May
3,076
June
3,135
July
3,347
August
3,552
September
3,253
October
2,908
November
6,093
December
40,496
Total
75,075
2022
January
26,498
February
21,638
March
20,303
April
18,835
May
20,247
June
20,056
July
18,406
Aug
16,074
September
8,645
October
26
Total
363,421
2) The number in each CATEGORY of the EIGHT GROUNDS for appeal as set out in your standard letter, which are successful against a ULEZ fine, by month, since the beginning of the scheme.
3) And then, further subdividing number 2), the number in each CATEGORY of REASONS why an appeal has been upheld.
The regulations state that there are six grounds, rather than eight grounds, on which a motorist can submit a representation. However, we are legally required to consider all representations irrespective of whether it mentions one of the six grounds listed.
Of the 363,421 representations received, a total of 94,251 of these which specifically stated one of the six grounds listed on the PCN, have been accepted. The attached spreadsheet, provides a breakdown of the grounds quoted per calendar month.
4) Further subdividing each of 1) - 3), the numbers relating to fines issued for people entering the ULEZ at 'Apsley Way' from the A406. (i.e. how many appeals, how many successful appeals, and of the successful appeals what the grounds for upholding the appeals were)
It is important to note that the camera from which the PCN was issued may not be where the vehicle entered the zone. Whilst vehicles may be captured on multiple cameras while in the zone, we use the best qualifying image to issue the PCN.
From the camera requested, there were 160 PCNs issued since the start of the scheme to 11 October 2022.
From these PCNs we received 84 representations to 11 October 2022, which were accepted, of which 42 fell into the grounds detailed below. (The remaining 42 representations were for reasons outside of these grounds).
NOTE: Only five of the six grounds were cited for representations made against PCNs issued from this camera. ‘Vehicle taken/used without consent’ was not a reason stated for accepting any representations.
Year/Month
No penalty charge is payable under the scheme
Not the keeper or owner
Paid the congestion charge for the vehicle used
Penalty exceeds the amount payable
Vehicle on hire
Total
2021
1
4
1
8
November
1
1
December
4
1
7
2022
12
17
4
3
42
January
2
2
1
6
February
3
5
2
11
March
1
1
3
May
1
4
6
June
1
4
1
1
9
July
1
1
August
2
1
3
September
3
3
Total
13
21
4
1
3
42
5) The number of people who pay the charge unnecessarily, i.e. those who pay a charge having not actually incurred one; and the number of additional income accrued by TfL as a result of people paying the charge erroneously, by month, since the beginning of the scheme.
6) Details of the policy decision which was taken to not make information available as to whether someone is liable for a charge by contacting TfL (such as the one which IS in place for Dart Charge), including the impact analysis of this decision and the rationale for why this decision was taken, when clearly you have this information, as you would not be able to enforce the charge otherwise.
The ULEZ operates using Automatic Number Plate Recognition technology. Each entry point to, and exit from the zone is clearly signed, and as a vehicle either enters, leaves or drives within the zone its registration is recorded along with an image of the vehicle.
At the end of the charging period, when the payment period has expired, the list of vehicles observed in the zone is compared against the vehicles for which a charge has been paid and those which are 100% discounted, exempt from the charge or listed on a Road User Charging Autopay account. Where a match is found, the image and record of the vehicle is deleted. If no match is found the details are retained for enforcement purposes.
As vehicles entering the zone are not verified until after the payment period has expired, we are unable to advise motorists on whether they have been into the zone and we do not record information on how many motorists have paid the charge and not entered the zone.
7) Any consideration which has been given during policy design for people making wrong turns and seeking to then avoid entering the zone, and how this has considered things such as signage, safety (e.g. people making dangerous maneuverers to avoid entering the zone).
We do not believe the introduction of the ULEZ has caused motorists to drive dangerously. Our extensive signage on the approach to the ULEZ is designed to inform motorists they are approaching the zone and also provide information on how they can avoid the zone if they wish to do so. Additionally, the extensive information available on our website, including a detailed map, allows motorists to plan their journey in advance.
If this is not the information you are looking for, or if you are unable to access it for any reason, 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
Jasmine Howard FOI Case Officer FOI Case Management Team General Counsel Transport for London
