Transport for LondonMaking a Representation
Under the Interpretation Act 1978 s.7, unless the contrary is proved, service is deemed to have been effected at the time when the PCN would be delivered in the ordinary course of post.
Representations must be made in writing or online.
If you make a Representation outside of the 28 day PCN service period it will be considered as 'late' and we do not have to consider late Representations. You cannot make a late representation online.
- Do not delay in sending us your Representation
- However if you are prevented from making your Representation in time we may use our discretion and consider it
- If you make a late Representation please ensure that you provide evidence to outline why your Representation is late. Forgetting to make a representation is not a valid reason but if you were prevented from making the Representation due to illness or a holiday then enclose proof of these circumstances and it may be considered
- When we receive your Representation the PCN will be frozen at the relevant amount that is outstanding at that time. It will remain frozen until we have completed our investigation and written back to you with our reply
Online
You can make a representation online. You will need to provide us with your PCN number and reasons why you think you should not have been issued with a PCN. If you wish to attach supporting evidence this must be in an accepted file format and not exceed 1MB (megabyte).
If you wish to supply hard copy evidence then please make a representation in writing. You cannot make a late representation online.
In writing
The easiest way to make a Representation in writing is to complete the Representation section provided as part of the PCN:
- If applicable please indicate on which ground you wish to make the Representation
- Add any details in the space provided (if you need more space attach a separate sheet remembering to write the PCN number on each extra sheet)
- Enclose any supporting evidence
- Sign and date the Representation
- Return it to Congestion Charging, PO BOX 4783, Worthing. BN11 9PT
- Remember you must ensure your Representation is received before the end of the 28 day period beginning with the date of service of the PCN
The Registered keeper
The Penalty Charge Notice (PCN)is normally sent to the registered keeper of the vehicle as per the records of the Driver and Vehicle Licensing Agency (DVLA).
PCNs may also be issued to the nominated hirer/lessee of the vehicle if a valid hire agreement is provided by the registered keeper.
It is the person or organisation named on the PCN who MUST make the Representation, even if they were not the driver.
- The registered keeper can make a Representation on behalf of a third party
- However, we will NOT consider a Representation from a third party unless the registered keeper provides us with written authorisation. So if you have been passed the PCN by the registered keeper and wish to challenge the PCN, get them to write in on your behalf or provide you with written authorisation to send in with your Representation
- We will always advise the registered keeper of the outcome of any investigation
- If the registered keeper is a Company and you are making a Representation on behalf of the Company please indicate your position and authorisation within the Company when making your Representation
TfL's Response
When we have considered your Representation we will write back to you with our response. You will be sent one of three things:
A Request for additional evidence
- This means that we require further evidence from you to help us consider the points raised in your representation.
- The PCN will remain frozen for a number of days to provide you with adequate time to return the requested information.
- If the required evidence is not received you will be issued with a Notice of Rejection.
- If the required evidence is received you will be issued with a Notice of Acceptance or a Notice of Rejection depending on whether TfL consider the evidence to be sufficient.
A Notice of Acceptance
- This means that you are no longer liable for the PCN
- Please read the Notice of Acceptance carefully and follow the advice given as it will explain why you received the PCN and provide advice on how to avoid PCNs in future.
A Notice of Rejection
- This means that we believe you are still liable for the PCN
- We have assessed your Representation in terms of the grounds for Representation, any mitigating circumstances and considered the use of our discretion
- Please read the Notice of Rejection carefully and follow the advice given We will tell you how much you must pay and how to pay. Not paying will mean an increase in the amount you owe and enforcement action continuing
- We will tell you about your right to appeal to an independent Adjudicator
- We may ask you for additional information. If this is the case then follow the advice given and return the information to us within the time stipulated
- Do not do nothing
The Grounds for making a Representation
A Representation may be made on one of six grounds, or if none of these are applicable you may state the reasons why you do not believe that you are liable for the PCN.
Each ground for Representation is defined by Parliament in the regulations governing Congestion Charging.
By clicking on each number below you can find out about each ground, the evidence you need to provide and the circumstances that are applicable. This does not affect your right to make a Representation but is a guide to assist you.
Remember: it is for you to prove that you meet any of these grounds.
- Ground one
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 the contravention - Ground two
I had paid the Congestion Charge due for the vehicle used on that date, in the time and manner required by the charging scheme - Ground three
No penalty charge is payable under the charging scheme e.g. I was not within the charging area during charging hours - Ground four
The vehicle was used or kept without my consent e.g. stolen - Ground five
The penalty charge exceeds the amount payable in the circumstances of the case, e.g. I have been requested to pay a penalty charge amount above that detailed in the regulations - Ground six
We are a vehicle hire firm and the vehicle was hired under an agreement at the time and the person liable signed a statement of liability for any resulting penalty charges
Mitigation and discretion
If none of the six grounds are applicable you may still make a Representation to TfL, explaining your circumstances and we will carefully consider these.
We will consider mitigating circumstances and in reaching any decision we will always consider the use of our discretion.
Below are examples of circumstances where we have rejected a Representation:
- Forgetting to pay the charge but with no mitigating circumstances for this
- Not knowing how to pay the charge
- Not meaning to enter the Congestion Charging Zone but entered as a result of getting lost
- Disapproval of Congestion Charging
- Not knowing about Congestion Charging
- Paying the charge via a third party, including and not limited to unofficial websites
If these circumstances match yours then we recommend that you pay the PCN and remember to pay the charge in the future. If you are a regular user you may wish to pay for a monthly or annual charge which will include some free days.
If however there are mitigating circumstances which meant that you could not pay or had to enter the zone in an emergency then we may consider these so please make a Representation.
You will need to explain the circumstances that prevented you from paying and you should provide supporting evidence to demonstrate the emergency. For example, you may have been prevented from paying the charge due to a medical emergency or made a genuine attempt to pay the charge. Where this is the case, you should explain the circumstances as fully as possible and enclose as much evidence as possible to support your case.
TfL do not have or authorise any third party website partners to purchase the charge. We are not responsible for, or likely to accept representations for, any charge payment error or failure that may occur if you use such a website to purchase a charge or where they may purchase the charge on your behalf.
