Challenge a Penalty Charge Notice

I was not the keeper at the time of the contravention e.g. I have never been the keeper, I ceased to be the keeper, I became the keeper after the date of contravention.

The Regulations define this ground as:

That the recipient

1. never was the registered keeper in relation to the vehicle in question
2. had ceased to be the person liable before the date on which the vehicle was used or kept on a road in a charging area, or
3. became the person liable after that date

The person liable for a Penalty Charge Notice (PCN) is the registered keeper of the vehicle at the time of the contravention as recorded by the Driver Vehicle Licensing Agency (DVLA) . TfL therefore contact the DVLA to identify the name and address of the registered keeper on the day of the contravention so that a PCN can be issued to that person.

As there is a legal requirement for the DVLA to be notified of any change in the details of the registered keeper, including name and address, any failure to do so may mean that you are still liable for the charges and penalty charges.

If you have received a PCN for a vehicle that you have ceased to be the registered keeper of/sold and you have not told the DVLA of the change of keeper prior to the contravention again you may remain liable for the PCN.

However, you can still make a Representation and should provide as much evidence as possible to support your Representation. This may include:

• A copy of the V5C notification sent to the DVLAI detailing the name and address of the new keeper and confirmation of when it was sent to the DVLA, and/or
• A bill of sale showing the date of sale and the name and address of the new keeper, and/or
• A part-exchange notice from a garage, showing their name and address, that fully identifies the vehicle and when it was taken in part exchange, and/or
• An Invoice showing the relevant vehicle registration, its date of sale and the full name and address including post code) of the person/garage it was sold to, and/or
• A confirmation letter from the DVLA stating they accept you are not the keeper of the vehicle and the letter includes the dates you notified them and the date they accept when the change of keeper to place, and/or
• If your vehicle was returned/repossessed under a finance agreement, documentary evidence from the finance company that they have received your vehicle and confirming the date the vehicle was removed/repossessed

If you purchased the vehicle or believe you became liable after the date of the contravention you should provide as much evidence as possible to support your Representation. This may include:

• A copy of your V5C notification sent to you as the new keeper from the DVLA, and/or
• An invoice showing the relevant vehicle registration with its date of sale to you and the full name address (including post code) of the person/garage who sold you the vehicle, and/or A bill of sale showing the date of sale and the name and address of the previous keeper, and/or
• A confirmation letter from the DVLA stating they accept you are the new keeper of the vehicle also confirming the date they accept that the change of keeper took place

If you believe that the contravening vehicle in the image on the PCN is not your vehicle your Representation to TfL will need to be supported by as much evidence as possible. This may include:

• Proof the vehicle was at a different location at the time of the contravention using a 'Tracker report', statements from colleagues or neighbours asserting the vehicle was at a different location
• Photos of your vehicle (front, back and both sides) that show a difference in the vehicle, e.g. number plate/distinguishing marks
• Proof that a crime has been previously reported to the Police regarding the vehicle for example if stolen or if a vehicle is breaking the law by displaying the same vehicle registration mark (referred to as 'cloned' or 'ringed' vehicles). This should include the name and telephone number of the Police Station it was reported to along with the relevant incident or crime reference number
• Confirmation from another enforcement agency, e.g. police or local authority outlining that they have confirmed the vehicle is cloned/ringed for TfL to consider

I had paid the ULEZ daily Charge due for the vehicle used on that date, at the time and in the manner required by the charging scheme.

The Regulations define the ground as:

"That the charge payable for the use or keeping of the vehicle on a road on the occasion in question was paid at the time and manner required by the charging scheme."

This means that the ULEZ daily charge must be paid for the actual vehicle that is used in the Ultra Low Emission Zone and for the actual date. You must ensure that the vehicle registration mark that has been paid for matches that of the vehicle used.

If making a Representation on this ground then you need to prove that you have paid the charge for the correct vehicle registration number and correct date (the contravention date).

• The easiest way to do this is to provide your receipt showing all the details (when purchasing the charge we always offer a receipt)
• Check the vehicle registration mark matches that shown on the PCN
• Check that the date of travel matches that shown on the PCN
• If either of these details do not match then this is why you have received the PCN
• If you notice such a mistake then you can still make a Representation but it may only be accepted at our discretion
• If you have made a mistake when purchasing the charge please try not to make the same mistake again
• If you do not have your receipt then you could demonstrate you have paid if you have used a credit or debit card. Please provide either:
  - a copy of your credit/debit card statement, date of payment and the credit/debit card number and we will try to trace your payment or;
  - a letter from your bank which confirms the details of the payment transaction
• If you have neither of these, then you may still make a Representation but it will be very hard for you to prove that the PCN was issued incorrectly; we will of course check all our records thoroughly

Most people believe that they had paid the charge but there are a number of common errors which include:

• Paying for the incorrect vehicle registration mark. As you may have discovered you need to pay the charge for the vehicle registration mark that is held by the DVLA and shown on your vehicle
• The number 0 (zero) is often confused with the alpha character O (Oscar) and the number 1 (one) is often confused with the alpha character I (Indigo)
• Characters are often transposed such as switching the first three letters with the last three e.g. actual number plate is ABC123 but the paid for number plate is 123ABC
• Paying for the wrong date. Always double check the date you want to pay for especially if you are paying in advance
• If paying on the TfL website, make sure you enter the details correctly and double check the details. People have been known to enter their car make into the data fields
• If paying via the internet make sure you:
  - enter the details correctly and double check the details. People have been known to enter their car make into the data fields
  - obtain a receipt reference to show your payment has been completed. We always offer a receipt when a payment completes, if a receipt is not provided, then payment of the charge cannot be guaranteed
• If paying via the call centre use the phonetic alphabet (i.e. A=Alpha, B=Bravo, C=Charlie...). Make sure the staff member uses the phonetic alphabet, get them to check the make and model of the vehicle, the date of travel and request a receipt. Make sure you make a note of the receipt number in case the receipt should get mislaid
• Believed a Congestion Charge payment also covered the vehicle for the Ultra Low Emission Zone, it must be noted the schemes are separate and a separate charge is required for each.

If you have made an error then we may use our discretion but this is not guaranteed and please do not repeat the error in the future.

Remember: You need to provide proof that the charge was paid.

No penalty charge is payable under the scheme e.g. I was not in the charging area during charging hours.

The Regulations define this ground as:

"That no penalty charge is payable under the charging scheme."

There are a number of circumstances which may or may not be applicable (remember to provide as much supporting evidence as you can) including:

• Exemptions apply to certain vehicles and they will automatically be exempt from the Ultra Low Emission Zone (ULEZ) if registered in Great Britain. These vehicles are:

- Vehicles designed and built for use on a variety of terrains such as agricultural and forestry tractors, mowing machines, agricultural and farm machinery, mobile cranes, and road and building machinery but which may be used on the road for limited purposes. This does not include vehicles that were designed and built as a road going vehicle but may have limited use on the roads or a role or purpose that may mean it is used primarily away from the roads but may occasionally be used on a road.

‐ Historic vehicles (built before 1 January 1973)

‐ Military vehicles

- Vehicles with 'historic' tax class

• 100% Showman's discount - The 100% showman's discount applies to very few vehicles and this discount is available for certain vehicles provided they are first registered with TfL. Until a vehicle is successfully registered you are required to pay the full daily charge. If you believe that your vehicle is registered, then please provide proof of the registration including the letter confirming the acceptance of your discount for the vehicle in question. Remember to check that the vehicle registration mark has been recorded correctly
• Diverted into the Ultra Low Emission Zone - If you are diverted into the Ultra Low Emission Zone due to an incident, accident, event, or road works, you should either follow the diversion route or leave as soon as possible. When making a Representation please give as many details as possible including the date, time and location of the diversion; details of the incident that may relate, for instance, to an accident on the M25 and if you spoke with a police officer. We will check our records to confirm if there was a diversion and we will not issue PCN's, wherever possible, for diverted routes (if TfL were notified in advance or were notified shortly after the diversion). If, however, you enter the Ultra Low Emission Zone just to avoid traffic or got lost then these are not valid grounds for Representation
• Signs & Boundary - The boundary to the Ultra Low Emission Zone is clearly marked with Department for Transport approved road traffic sign and if you pass this road traffic sign during charging hours you must pay the charge. The scheme applies 365 days a year 24 hours a day. Reasons such as you not seeing the signs or there not being enough signs will not be accepted by TfL. However, if you believe that your vehicle did not enter the Low Emission Zone or the signs are incorrect please provide full details with your Representation including the exact location and route you took
• Leaving the Ultra Low Emission Zone - This will not be accepted by TfL as a valid reason for non payment of the charge as the LEZ Scheme is in operation 365 days a year 7 days a week. The ULEZ charge is payable if a vehicle travels within the Ultra Low Emission Zone during charging hours whether entering, exiting or just moving within the zone
• A vehicle entering the zone on one day, say just before midnight and leaving the next day say just after midnight is required to purchase 2 daily charges, a separate charge for each 24 hour period is required. 

The vehicle was used or kept without my consent e.g. stolen.

The Regulations define this ground as:

"That the vehicle had been used or kept or permitted to be used or kept on a road by a person who was in control of the vehicle without the consent of the registered keeper."

It is the registered keeper, or if a hire company has transferred liability, the nominated hirer, who is liable for the PCN. You cannot rely on the fact that you may not have been the driver, that an employee was driving the vehicle or that someone borrowed the car.

If your vehicle was stolen or you had not permitted the use of the vehicle at the time of the contravention, then please make a Representation. However, you will need to provide evidence to support your claim.

• E.g. if stolen please provide details of the crime reference number, and the name of the police station to which the crime was reported, the date the vehicle was stolen and if applicable, the date of recovery
• Details of any insurance claim
• Details regarding the use of the vehicle on that day/time of contravention 

The Penalty Charge exceeds the amount payable in the circumstances of the case.

This may mean that you are being asked to pay a penalty charge amount above that detailed in the regulations. Reasons would include:

• The amount shown on the PCN is incorrect and does not reflect the penalty charge due for the vehicle as specified in the Ultra Low Emissions Zone Scheme Order - please provide a copy of the PCN
• You have already paid the PCN - please provide proof of payment. If you have a receipt please provide this or if not, confirmation that the money has been taken from your account. Remember you need to have allowed time for the payment to have been received

This does not mean that you disagree with the amount of the penalty charge or that a penalty charge has been imposed upon you. 

We are a vehicle hire firm and the vehicle was hired out under a hire agreement on the date of contravention and the hirer signed a statement liability for any resulting penalty charges.

The Regulations define this ground as:

1. That the recipient is a vehicle-hire firm and the vehicle in question was at the material time hired from that firm under a hiring agreement; and
2. the person hiring it had signed a statement of liability acknowledging his liability in respect of any Penalty Charge Notice imposed in relation to the vehicle during the currency of the hiring agreement

If you are the registered keeper of the vehicle, and want to transfer liability to the hirer, liability can only be transferred if you can provide a hire agreement that shows you, as the registered keeper, have entered into an agreement with a hirer to hire the vehicle and the agreement fully meets the requirements of Section 66 of the Road Traffic Offenders Act 1988, and

• The vehicle is on hire for a period of less than 6 months, and
• The agreement has a signed statement of liability and
• The hire agreement has all the relevant information on it where relevant as defined in Schedule 2 of the Road Traffic (Owner Liability) Regulations 2000

A director of a hire company cannot transfer liability from themselves where they are the registered keeper of the vehicle using the 'company hire agreement'. This is because as a director you are a separate legal entity to the hire company and the hire agreement is not sufficient to transfer liability away from you.

Schedule 2 of the Road Traffic (Owner Liability) Regulations 2000

Particulars required in a Hiring Agreement to comply with Section 66 of the Road Traffic Offenders Act 1988

A. Particulars of person signing statement of liability

1. Full NameDate of birth
2. Permanent Address
3. Address at time of hiring (if different from 3 above and stay is likely to be more than two months from date of hiring)
4. Details of driving licence:

- country where issued (if not UK)
- serial number or driver's number
- date of expiry (which should be no later than date specified in B7 below)

If the person taking possession of the vehicle is not the same as the person by or on whose behalf the statement was signed, the full name of that person should also be supplied (if known).

B. Particulars of hiring agreements

1. Vehicle registration mark of vehicle hired under the hiring agreement
2. Make and model of vehicle hired under the hiring agreement
3. Vehicle registration mark of any vehicle substituted for the above during the currency of the hiring agreement
4. Make and model of any vehicle substituted for the above during the currency of the hiring agreement
5. Time and date of any change of vehicle
6. Time and date of commencement of original hiring period
7. Expected time and date of expiry of original hiring period
8. Time and date of commencement of authorised extension of hiring period*
9. Expected time and date of expiry of authorised extension of hiring period*
10. Actual time and date of return of vehicle (or when vehicle returned out of hours; time and date on which vehicle hire firm next opened for business)*

* The requirement applies only to the vehicle hire firm's copy of the hiring agreement.