TFL ULEZ fine but

[The GodMother]

Hello 

 

Posting on behalf of a neighbour. 

Back round is they use to run a business jointly with another person its a man and van service. the old joint owner, A, is now no longer living in the uk and as result the whole business is run by the other person, B, and his partner. 

 

Problem. 

A at the time owner and keeper of Van drove into the ULEZ area while doing a job. Neither of them noticed signs, covered in blankets and when checking the area online it said they would not be entering it but hey they did. 
3 days later, A,  left the country, this was planned, he claims he is not coming back. Now the problem is B has had a notice from TFL as he  is now the owner and keeper of van. He can prove that the van was not his at the time. B is the owner of the van from the day before A left but was not registered to B until the day A left.

Job was Wednesday A keeper of Van

B parked Van outside his home the Friday late evening around 11.30. I spoke to him and handed some parcels to him. 

B registered the car via DVLA website and paid the tax on Van Saturday morning 

A was driven to Heathrow by partner and l. We offered as the person who was going to do it could not we had to go to London any way and he is a friend. 

A flight was 2 hours delayed so it really was Sunday before taking off 

NTK is dated the Tuesday after job, eg job was the 1st NTK dated 7th.
Please Note B had already purchased Insurance a few days before. 
 

B has tried to speak to TFL who dont care and just told him he has to pay up. B does not feel its fair to pay this charge. A has said Sod them they wont chase me here. I have printed off the tax confirmation and the bank statement for my neighbour and have photocopied the V5c as this is proof he did not own the van. Is there any more l need to make sure is printed off or copied.

He has a folder full of documents from previous owner so l am thinking of sending off a copy of the letter A got to say they have received confirmation of the van changing hands. As daughter dropped it off to Me the other week with the folder as neighbour was not in.

 

Now is he legally responsible for the charge and have l missed anything to copy for the neighbour. 

[The GodMother]

Anybody? 

[Ethel Street]

The timeline is a bit confusing, but what matters is whether B was the Registered Keeper shown on the registration document (V5C) on the day the ULEZ contravention occurred. All the stuff about when ownership changed and who was insuring it is irrelevant 

 

When the DVLA receive notification that that A was no longer the Registered Keeper and the RK was now B they issue a new V5C. In section 5 of the new V5C - "Registered Keeper" - it should show B's name and address and underneath that "ACQUIRED VEHICLE ON" xx/xx/xxxx. That's the date B became the Registered Keeper as far as DVLA are concerned , and as far as TfL are concerned. 

 

If that date is after the ULEZ contravention then B needs to formally challenge TfL's  PCN (Penalty Charge Notice) on the grounds that he wasn't the Registerd Keeper on the date of the contravention.

 

But your neighbour must follow TfL's procedures for challenging a PCN. He can't challenge it just by phoning them. If that's what he's been doing I'm not surprised he's got nowhere. He can challenge it online.

 

Challenge a Penalty Charge Notice - Transport for London

TFL.GOV.UK

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If you want to challenge a Penalty Charge Notice (PCN) then you have 28 days from the date of service of the PCN to get your representation to us.

 

[The GodMother]

Ok sorry the time line is confusing

 

Wednesday Job outside London RK is A 

Friday B parks van at home. 

Saturday B becomes RK and pays the tax. 

Saturday A leaves country as Planned. 

Tuesday B is issued a fine for the ULEZ. 

 

I have photocopied the documents that say he was not the keeper till the Saturday. 

 

[Ethel Street]

If DVLA records confirm that B only became Registered Keeper three days after the ULEZ contravention then he ought to be able get the PCN cancelled providing 

 

(1) He follows the proper TfL process for challenging a ULEZ PCN (TfL will not accept a challenge by phone), and

(2) He is still within the TfL timescales for challenging the PCN.

 

Read down the link I posted above to "Grounds for representation". Ground 1 is "I was not the keeper at the time of the contravention  ... I became the keeper after the date of contravention". The page says what evidence needs to be submitted.

 

[The GodMother]

I have done and will be telling him later will more likely have to submit.it all for him as he does not have a scanner or decent laptop.