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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received 2 penalty notifications from the low emissions

Resolved Question:

I have received 2 penalty notifications from the low emissions zone in London.
Over night shopping and theatre trip so caught driving in and driving out the next day. They want £500.
My vehicle does come up as not being exempt but My vehicle was imported and under European law is fitted with a higher spec EU3 emission control system. I think this may qualify for exemption.
Could an over night stay be possible reason for reducing the charge notice to £250 instead. Or do you think the lawyer fees involved to try and save £500 isn't worth it and I should just pay ?
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.
Who is the issuer of this fine?
I presume you have not paid at the earliest opportunity?
Customer: replied 2 years ago.

I still have until the 30/12/14 only received yesterday

I'm worried that you ask who issued it surely London low emission zone is the clue. unless you mean which specific area and it was A12 Eastern Avenue . My final destination was westfield shopping centre at the Olympic park Stratford

Expert:  Jo C. replied 2 years ago.
If you are worried then I will opt out for others.
All the best.
Customer: replied 2 years ago.

apologies no offence meant Im happy to continue

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what you want to achieve?
Customer: replied 2 years ago.

Hi I'm looking to avoid paying £500

first off all my vehicle I believe could be exempt due to information I have read on the internet. My vehicle was bought new by me and imported from Holland. As it was driven in the EU it has an updated emission system called EU3 I believe EU2 is the standard in this country. There is also the fact I was already within the emission zone when the cameras caught me again driving out of the city if I cant get complete exemption is there any chance of a reduction to £250 based on it was actually only one offence I committed. I have only driven into this area for the first time ever I'm not London resident and wasn't aware of the situation.

Just wanted to add my vehicle is a Landrover defender TD5 2001 model I will give you the registration KJ51 FZE

Expert:  Ash replied 2 years ago.
Ok. What you need to do is write and set out your position and see if they accept it.
These are your representations. If your representations against the Penalty Charge are rejected by Transport for London, you should receive a ‘Notice of Rejection’ which tells you how and when to appeal to an independent adjudicator.
The Regulations provide only six grounds of appeal. The independent adjudicators are bound to consider only the grounds of appeal set out by law.
This may mean that the adjudicator refuses your appeal if one of the six grounds has not been established.
However, each case will be considered on its own facts and evidence and the adjudicator will look to ensure that both parties to the appeal (you and Transport for London) have properly complied with the law and procedures.
An appeal may be allowed if an adjudicator finds that Transport for London has not followed the correct procedure or has acted procedurally unfairly at any point during the appeal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

OK so summing up phone them and deal with it

I don't know what I was expecting for £38 quid but......................

the 3 points of my original question were (see below I have added some text for further clarity) in my opinion you have answered neither. This is the information I need to have a case for argument and why I paid today for your service

"1) My vehicle does come up as not being exempt but I believe there are additional technical specifications relevant. My vehicle was imported and under European law is fitted with a higher spec EU3 emission control system. I think this may qualify for exemption.?
2) Could an over night stay be possible reason for reducing the charge notice to £250 instead. i.e. technically I only entered the zone once.

3) Or do you think the lawyer fees involved to try and save £500 isn't worth it and I should just pay ?"

Expert:  Ash replied 2 years ago.
The grounds of appeal are, which are set down by Government:
(a) that the recipient -
(i) never was the registered keeper in relation to the vehicle in question; or
(ii) 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
(iii) became the person liable after that date;
(b) 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 in the manner required by the charging scheme;
(c) that no penalty charge is payable under the charging scheme;
(d) 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;
(e) that the penalty charge exceeded the amount applicable in the circumstances of the case;
(f) that the recipient is a vehicle hire-firm and;
(i) the vehicle in question was at the material time hired from that firm under a hiring agreement; and
(ii) 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.
The Government sets out what type of vehicles are exempt and not exempt. Therefore in accordance with the regulations as your vehicle is not in the exempt category then you are not exempt and a penalty is due.
You can seek to Judicially Review the govenrments decision not to exempt your vehicle but you would need to issue proceedings in the High Court.
The court would then examine the decision of the government (not to exempt your vehicle) and decide whether it was reasonable and legal. The Judge can agree with the decision or remit it back for further consideration. Clearly a Judicial Review will cost more than £500.
2) You were in the zone for 2 days. So it may not have been 48 hours, but at 12.01am you were in the zone and therefore a further charge payable. It is not calculated as 24 hours from the time you entered, but when the next day occurs.
3) In my view you would be well paying the £500 and then issuing a claim claim for the £500 back. The costs are limited and if you lose you wont be liable for their fees.
Does that help?
Alex
Customer: replied 2 years ago.

Alex that's fantastic and clarifies everything asked

sorry I didn't mean to be rude just sometimes these things are difficult to deal with and to be honest I came on this site in desperation and was dealt with quite unprofessionally by a previous resident of the site prior to you offering assistance.

I could pursue the emissions regulations but not now you mention high court and extreme cost .

I'll Take it on the chin and a firm letter to Boris

Thanks for your patience and help

Expert:  Ash replied 2 years ago.
Happy to help - please remember to rate my answer so the site credits me for my time - thanks!
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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