Request ID: FOI-2360-2324 Date published: 26 October 2023
You asked
Dear Sir/ Madam
No reply to the letter sent below on 12th April
Regarding Penalty Charge Notice TZ85679349
Thank you for your letter dated 8th April showing the payments received by the TFL for changes received between 22/06/2016-21/03/2023. Unfortunately, a part of the freedom of information requested what your organisation did not provide, which was the basis of my initial request.
I was charged the sum of £90 in a penalty charge notice, which cost £15 if paid on the date. I would like to have a breakdown of how a charge of £15 can increase to 90 pounds. A complete analysis of how the amount increased from £15 to 90 pounds and how this is calculated is required. Going by my calculation, this is an increase of 500 %, and I believe this is rather excessive at the 1st instance, hence the reason why a breakdown of how the charge was calculated and if this can be broken down and sent to me as part of the freedom of information act.
It would be of great help if the copy of the official document/gazette/law of how the charges are calculated, e.g., if payment is made on the correct date, it's 15 pounds, if paid on the 2nd day or the 3rd day etc, how is the fine /charge calculated? Yes, I have paid the charge, but I will be looking at legal means of recovering part of the charge I paid as I believe £90 is excessive, and I will be looking to appeal this and claim part of the chargeback.
I would also like to know if the time gap between when a PCN is sent out and when it's delivered by the Royal Mail is considered when given a deadline to pay. If the deadline is 28 days and the PCN is received 5 days after posting from your office, then technically, this leaves the car owner 23 days to make payments as opposed to the 28-day grace given by TFL. Please explain how this is calculated or considered when sending out the PCN.
I am summarising it all in a nutshell. Three (3) things are required from the TFL.
1. An official document showing how the charges are determined.
2. A breakdown of how my charge of £90 was calculated and reached?
3. How is the payment deadline calculated based on the day the letter is sent out, or a grace period is given because the letter does not reach the recipient the next day?
I look forward to hearing from you.
Regards
We answered
TfL Ref: FOI-2360-2324
Thank you for your request received by Transport for London (TfL) on 2nd October 2023 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.
Your requests are answered in turn below:
1) An official document showing how the charges are determined.
Answer: There is not “an official document” confirming how charges are determined. However, note that the Congestion Charge amount of £15 was set following a public consultation. Full details of the consultation are available on our website here:
The specific information regarding why the charge level is set at £15 is available in the document “Report to the Mayor appendices A-B”.
2) A breakdown of how my charge of £90 was calculated and reached?
Answer: The daily charge for entering the Congestion Charge zone is £15. The penalty for non-payment of the charge is £180, reduced to £90 for payment within 14 days, are set in the regulations. Note that the charge amount and penalty amounts are separate and the £90 penalty should not be seen as an increase in the daily charge payment of £15. The most recent Penalty Charge Notice (PCN) increase from £160 to £180 (reduced to £80 and £90 respectively for payment within 14 days) was subject to a public consultation. The consultation included full details of the reasoning behind the penalty amount. Full details regarding the consultation are available online at:
The specific detail relating to the PCN amount can be found in the document Appendix M
3) How is the payment deadline calculated based on the day the letter is sent out, or a grace period is given because the letter does not reach the recipient the next day?
The payment timeframes for PCNs are set out in the regulations. However we acknowledge that on occasions there can be delays in postage so we add a short period to the timeframes to account for any delays a motorist may experience in receiving the penalty.
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,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
