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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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Hi, I've been informed that: the registered keeper of

Resolved Question:

Hi,
I've been informed that:
the registered keeper of the vehicle should make themselves aware of any charges, tolls or fines that may be in existence along any route used to avoid a contravention.
Is this true in terms of a law stating this or is it just a general presumption?
Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi Jo,

it is simply that I received a penalty for a scheme I was unaware of. The penalty was high - 750 pounds. The scheme is the LEZ (low emissions zone) in London. After mentioning it to a few people I realized I'm not the only one unaware. Out of 31 people I've talked to only 2 know of it. The 7 I talked to from London didn't know about it.

So I'm arguing the point. But their reply is that I'm legally bound to make myself aware of any possible traffic penalties whenever I drive. This seems severe but I could well imagine there is such a clause to a law.

On the other hand my dealings with the GLC and London Transport Authority so far have led me to conclude they are not running a very tight ship and it may be I've caught them out in a lie. If so, it would help my case.

That's it. Sorry for the length of the response. It is all actually more convoluted but I tried to keep it simple here.

Sean

Expert:  Jo C. replied 2 years ago.
Do the DVLA have the correct address for this car?
Customer: replied 2 years ago.

Hi,

yes.

If this refers to the warning letter, I can say one was sent. But I was working on contract 10 weeks away from home. Hence the fines when I passed through London on my way home.

Sean

Expert:  Jo C. replied 2 years ago.
Is the point that you are making that for example visitors may not know that they are contravening a regulation and accidentally incur a huge penalty?
Expert:  Jo C. replied 2 years ago.
Actually don't worry. I can see what you are asking.
That is a problem I'm afraid.
These are parking fines. Unfortunately the registered keeper is liable for those not the driver. There is no defence in saying that you were not the driver. This is not a speeding offence.
I was hoping that you could make some form of declaration on the basis that you didn't get the warning letters but you seem to accept that you did but you were away. Sadly, the fact that you were away is no defence. There is clear caselaw that it is for registered keepers to keep tabs on their post.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

No thanks Jo,

thanks a million. you've saved me from barking up the wrong tree. It's a bit frightening how these big bureaucracies become scary and officious. But I'll just have to accept it.

I appreciate your time on this.

Sean

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