Transport for LondonGround one
The Regulations define this ground as:
That the recipient
- never was the registered keeper in relation to the vehicle in question
- 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
- 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 DVLA 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 took 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 and 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
Please note
Transport for London will always consider the use of our discretion if you supply details and evidence of any mitigating circumstances.
