Request ID: FOI-4617-2324 Date published: 30 April 2024
You asked
I would like to request:
-Monthly figures for the number of penalty charge notices (PCNs) being cancelled due to the car being a clone from 1 January 2016
-The number of separate cars being identified as clones each month as a result of the PCN appeals process - from 1 January 2016
We answered
Our Ref: FOI-4617-2324
Thank you for your request received on 19 March 2024 asking for information about penalty charge notices (PCNs) issued to cloned cars. Your request has been considered in accordance with the requirements of the Environmental Information Regulations (EIR) and our information access policy. I can confirm that we do hold the information you require. You asked for: • Monthly figures for the number of penalty charge notices (PCNs) being cancelled due to the car being a clone from 1 January 2016 • The number of separate cars being identified as clones each month as a result of the PCN appeals process - from 1 January 2016 The Ultra Low Emission Zone (ULEZ) and the Congestion Charge operate through Automatic Number Plate Recognition (ANPR) technology. As a vehicle enters, leaves, or drives within the zone, the registration, along with an image of the vehicle, is recorded by an ANPR camera. At the end of the charge payment period, the list of registrations observed in the zone is compared with the list of vehicles which have had the charge paid, are exempt, or receive a 100% discounted from the charge. Where a match is found the image of the vehicle is deleted, in line with our retention schedules. Where no match is found the image is retained for enforcement purposes. We then contact the DVLA to obtain details of the registered keeper and the vehicle make and model details. Prior to issuing a penalty we verify that the vehicle details provided by the DVLA match the image of the vehicle which we have. Every image is checked by two members of staff before any PCN is issued. Where there is a match a PCN is issued. If the vehicle description provided by the DVLA doesn’t match the image of the vehicle which we have, a PCN will not be issued. A similar manual verification process is carried out prior to us issuing a TfL Road Network (TLRN) penalty. On receipt of a penalty a motorist has a statutory right to challenge the penalty by submitting a representation to us. Vehicle cloning is a criminal matter, which the police enforce and prosecute. If a motorist contacts us stating that the penalty has been issued due to the vehicle being cloned, there is an established process. We ask for evidence such as specific pictures and a crime reference number. On receipt of satisfactory evidence, the representation will be accepted and the PCN cancelled. Our policy is for no PCN to progress after evidence of vehicle cloning has been provided. If no evidence is provided, or we are unable to verify the claim that the vehicle has been cloned, the representation will be rejected. When a representation is rejected, the motorist is granted a right of appeal to an Independent Adjudicator at London Tribunals. Please find the requested information in the attached table. Please note, the ULEZ was launched on 5 April 2019 to cover the same area as the Congestion Charging scheme. On 25 October 2021 the zone was extended up to, but not including the North and South Circular roads. This represented 18 times increase in the size of the zone which accounts for the increasing figures in 2022, 2023 and 2024. The ULEZ was expanded on 29 August 2023 across London boroughs. Following the launch of the expansion, between 29 August and 25 September 2023, warning notices were issued to owners of non-compliant vehicles who had not paid the ULEZ charge after driving in the zone. Warning notices were issued to ensure the correct action is taken in the future and to allow for any genuine mistakes that may have occurred. From 26 September 2023, PCNs have been issued for contraventions. (This is reflected in the lower number of PCN cancellations in September 2023 in Table 1). The total number of penalties cancelled due to cloning is less than 0.5% of all penalties issued. 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.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
