Request ID: FOI-4201-2324 Date published: 25 March 2024
You asked
TfL Ref F0I-1542-2223Dear Sirs, I refer to your published reply dated 21 October 2022, in response to the above FOI. In this publication you state:
“We do exercise discretion and consider mitigating circumstances when dealing with representations. This includes considering if an account holder has received a PCN due to a genuine oversight in them administering their Auto Pay account”.
“Between 1 September 2021 to 31 August 2022 there were 21.814 ULEZ penalties cancelled as a result of an account holder advising us that the PCN had been issued because a vehicle was not activated on their Auto Pay account.”
How many Appeals were rejected during the period when almost 22.000 PCNs were cancelled.
How many Appeals on identical grounds were accepted and how many were rejected during your last 12 months accounting period.
How many appeals with respect to Auto Pay confusion escalated to a London Tribunal hearing and how many granted, and how many refused.
When was the Policy to reject perfectly genuine mitigating circumstances in respect of Auto Pay registration adopted
We answered
TfL Ref: FOI-4201-2324
Thank you for your request received by Transport for London (TfL) on9 February 2024 asking for information about Penalty Charge Notices (PCNs). 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 the information you require. Specifically you asked:
How many Appeals were rejected during the period when almost 22.000 PCNs were cancelled.
Between 1 September 2021 to 31 August 2022 there were 21,814 Ultra Low Emission Zone (ULEZ) penalties cancelled as a result of an account holder advising us that the PCN had been issued because a vehicle was not activated on their Auto Pay account. During this same period, 5,208 representations were rejected where the recipient of the PCN advised the vehicle should have been on an Auto Pay account.
How many Appeals on identical grounds were accepted and how many were rejected during your last 12 months accounting period.
Between 1 February 2023 to 31 January 2024 inclusive, 25,413 ULEZ penalties were cancelled as a result of an account holder advising us that the PCN had been issued because a vehicle was not activated on their Auto Pay account. During this same period, 4,852 representations were rejected where the recipient of the PCN advised the vehicle should have been on an Auto Pay account
How many appeals with respect to Auto Pay confusion escalated to a London Tribunal hearing and how many granted, and how many refused. For ULEZ contraventions between 1 February 2023 until 31 January 2024, of the 4,852 representations which were rejected 890 appeals were made to London Tribunals. Of these, 53 were allowed, (found in favour of the appellant) 414 were refused, (found in favour of TfL) 3 were withdrawn by the appellant, 207 were non contested by TfL and 213 are awaiting a decision. This is correct as of 12 March 2024. When was the Policy to reject perfectly genuine mitigating circumstances in respect of Auto Pay registration adopted.
There is no Policy to reject mitigating circumstances in respect of Auto Pay registrations. We do exercise discretion and take mitigating circumstances into account when considering challenges against the issue of PCNs, which often results in representations being accepted despite falling outside the statutory grounds defined in the regulations.
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,
Mary Abidakun FOI Case Officer FOI Case Management Team General Counsel Transport for London
