Request ID: FOI-3222-2223 Date published: 15 March 2023
You asked
Dear TFL
This is a request for information from TFL in relation to penalty charge notices for failing to pay the Congestion Charge where the registered keeper of the vehicle is a vehicle hire firm, the vehicle is hired under a hiring agreement for six months or more and the registered keeper makes representations on the ground that it is not in fact the owner, even though it is the registered keeper, and provides the name and address of the hirer. I understand that other enforcement authorities will accept such representations and reissue the PCN to the hirer. Does TFL also do this? Please note that this request does not relate to hiring agreements where the vehicle is on hire for a period of less than six months.
We answered
TfL Ref: FOI-3222-2223
Thank you for your request received by Transport for London (TfL) on 1st March 2023 asking for information about Congestion Charge Penalty Charge Notices (PCNs).
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“This is a request for information from TFL in relation to penalty charge notices for failing to pay the Congestion Charge where the registered keeper of the vehicle is a vehicle hire firm, the vehicle is hired under a hiring agreement for six months or more and the registered keeper makes representations on the ground that it is not in fact the owner, even though it is the registered keeper, and provides the name and address of the hirer. I understand that other enforcement authorities will accept such representations and reissue the PCN to the hirer. Does TFL also do this? Please note that this request does not relate to hiring agreements where the vehicle is on hire for a period of less than six months.”
For the Congestion Charge (and other Road User Charging schemes) the Penalty Charge Notice (PCN) will always be issued to the registered keeper of the vehicle, as registered with the DVLA at the time of the contravention. If that is a hire company and the hire period is under 6 months, they are able to make a representation transferring liability to the hirer, providing us with the hire contract to enable us to reissue the PCN. However, where the hire agreement is over 6 months then the hire company is liable to pay the PCN, not the hirer, and they cannot pass it on to the hirer. We only consider agreements under 6 months for transfer of liability to the hirer.
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
