Request ID: FOI-2637-2324 Date published: 16 November 2023
You asked
My request relates to charges levied via Auto-Pay by Transport for London (TfL) for journeys made into the ULEZ and Congestion Charging zones in London.
1. How many vehicles have, at any time, been registered on Auto-Pay to more than one person ? In instances where this has happened, does TfL take payment from all parties to whom the vehicle is registered ?
2. What happens if a vehicle is sold, the former owner has not removed it from their account and the new owner tries to register it but can't because it is already on the Auto-Pay system ? How many complaints have TfL received monthly (since Jan 2021) from people who have been charged for journeys made in vehicles after they were sold ?
3. How many journeys have been paid for by people where the journeys in question have been made by someone else, after they had sold the car ?
4. Why is there no real-time cross referencing with DVLA to verify and update ownership of vehicles ? Other agencies seem to be perfectly capable of using the DVLA database.
5. How are the Terms and Conditions of Auto-Pay made fully transparent to the public in it's broader marketing material. What measures do TfL put in place to inform members of the public that they can't rely on a change of ownership being registered at the DVLA filtering through to the Auto-Pay system ?
We answered
Our ref: FOI-2637-2324/GH
Thank you for your request received by Transport for London (TfL) on 24 October 2023 asking for information about charges made by Auto-Pay.
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold some of the information you require.
1. How many vehicles have, at any time, been registered on Auto-Pay to more than one person ? In instances where this has happened, does TfL take payment from all parties to whom the vehicle is registered ?
A vehicle can only be registered to one Auto Pay service at any one time. If a vehicle is registered to an Auto Pay service, it will need to be removed from that service before being added to a different account. For this reason, a vehicle cannot be charged more than once using Auto Pay and no vehicles have been added to more than one account.
2. What happens if a vehicle is sold, the former owner has not removed it from their account and the new owner tries to register it but can't because it is already on the Auto-Pay system ? How many complaints have TfL received monthly (since Jan 2021) from people who have been charged for journeys made in vehicles after they were sold ?
If a vehicle is registered to an Auto Pay service, then we must remove it from that service before it can be registered it to another Auto Pay account. If someone buys a vehicle they wish to register to Auto Pay, they would need to contact us and provide proof that they are the new Registered Keeper of the vehicle. On receipt of this we would remove it from the account and add it to the new keeper’s account.
It is the responsibility of the Auto Pay account holder to add or remove vehicles from their account. The account holder is responsible for any charge(s) incurred during the billing period when the vehicle is registered to their Auto Pay service. If the vehicle is sold, it is the sellers responsibility to remove the vehicle from their Auto Pay service to avoid incurring charges.
We do not hold information on complaints made for this reason as they are not recorded at this level of specificity.
3. How many journeys have been paid for by people where the journeys in question have been made by someone else, after they had sold the car ?
We do not hold this information. We would not have any way of telling whether the correct owner had paid the charge.
4. Why is there no real-time cross referencing with DVLA to verify and update ownership of vehicles ? Other agencies seem to be perfectly capable of using the DVLA database.
While the registered keeper of a vehicle is liable for any penalties incurred in the event that the Congestion Charge, ULEZ or LEZ charge is not paid, where a vehicle is registered for Auto Pay, all usage charges remain the responsibility of the account holder until any changes are made to remove or add a vehicle. There is no requirement for the Auto Pay account holder to be the registered keeper of a vehicle in order to add it to their account. We therefore do not require access to DVLA vehicle keeper information in order to administer Auto Pay.
5. How are the Terms and Conditions of Auto-Pay made fully transparent to the public in it's broader marketing material. What measures do TfL put in place to inform members of the public that they can't rely on a change of ownership being registered at the DVLA filtering through to the Auto-Pay system ?
The Auto Pay terms and conditions can be found at: https://tfl.gov.uk/corporate/terms-and-conditions/pay-to-drive-in-london. Before setting up Auto Pay, the terms and conditions must be agreed to which clearly stipulate the responsibilities of the account holder registering for the Auto Pay service.
If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.
Yours sincerely
Graham Hurt FOI Case Officer FOI Case Management Team General Counsel Transport for London