london road user charging agreement schedule 2 enforcement

CCS0000140731

London Road User Charging Agreement

Schedule 2

Enforcement Operations

Appendix 24 –Criteria for Dealing with

Representations

Congestion ChargingTransport for London 8th Floor, Windsor House42-50 Victoria StreetLondon SW1H 0TL

Copyright on the whole and every part of this document is owned by Transport for London. No reproduction of the whole or any part of this document is to be made without the authority of Transport for London. This document is confidential to Transport for London. No part of this document or information contained in this document may be disclosed to any party without the prior consent of Transport for London.

Schedule 2: Appendix 24 - Criteria for Dealing with Representations 14/12/2007

Appendix 24 - Criteria for Dealing with Representations v5.0

CCS0000140731

- In Confidence - of 84

Table of Contents

1 Criteria for Dealing with Representations 32 Criteria for dealing with PCN Payment Enquiries 623 Hire Agreement Guidance (July 2004) 70



CCS0000140731


1 Criteria for Dealing with Representations

1.1 Overview

The following rules must be applied when determining whether to accept or

reject Representations. These rules are subject to amendment by TfL and will

be reviewed on a regular basis.

1.2 Guidelines

1.2.1 Any Personnel of the Enforcement Operations Service Provider shall

use these rules to determine the response to a Representation. The

Enforcement Operations Service Provider shall escalate via the agreed

escalation procedure any Representation received that does not fall

into one of these categories or requires additional clarification to TfL’s

Representations and Appeals PMAs.

1.2.2 The following table highlights the legal grounds on which a

Representation may be made. It provides the illustrative details of what

the Customer may say, the evidence that may be provided and where

relevant the investigation required, and from this the appropriate

decision.

1.2.3 It should be noted that whilst the legal grounds are shown, the

Customer does not have to indicate in their Representation on which

ground the Representation is being made. The Enforcement

Operations Service Provider shall not reject any Representations on

the basis that the Customer has not indicated which ground they are

making the Representation on.

1.2.4 The box the Customer ticks on the form may be selected in error, in the

sense that the box ticked may not directly relate to the relevant



CCS0000140731


decision criteria listed below. The Enforcement Operations Service

Provider shall consider the substance of the Representation (e.g. as

set out in the "details of your Representation" section) and then identify

the relevant ground and criteria. The criteria are intended to cover

possible reasons why a Representation may be made. In cases of

doubt, where it is unclear what ground(s) or criteria apply, the

Enforcement Operations Service Provider shall escalate consideration

of the Representation as detailed above.

1.2.5 The Enforcement Operations Service Provider shall not reject any

Representations which are not signed by the Customer and shall not

reject on such basis.

1.2.6 The Enforcement Operations Service Provider shall consider any

Representations which are not received on the Representation form

and shall not reject on such basis.

1.2.7 The decision to accept or reject refers to the final decision with regard

to the PCN. It must in all cases result in the appropriate letters being

sent.

1.2.8 It should be noted that the decision to accept a Representation will not

in all cases result in the cancellation of the PCNs. Where the relevant

legislation allows liability to be transferred to a newly nominated person

as Registered Keeper / Person Liable, the Enforcement Operations

Service Provider shall send a new PCN.

1.2.9 When considering the Representation, the Enforcement Operations

Service Provider shall treat each case on its own merits. However, the

Enforcement Operations Service Provider shall ensure that the person



CCS0000140731


investigating the PCN, checks for previously and subsequently issued

PCNs and any decisions taken on Representations received regarding

these PCNs, so as to ensure consistency.

1.2.10 Any payment (partial or full) made for the PCN should also be

considered and referred to when responding to the Representation.

1.2.11 A number of Representation decisions relate to the “first

Representation” a detailed explanation of first Representation is

provided in this document.

1.2.12 The relevant daily Charge Payment that is being considered as part of

the Representation must have an actual purchase date either prior to or

for the actual day of the Contravention. This will therefore mean that

retrospective of any Charge Payments purchased on any day after the

Contravention are not accepted and any Representation on this basis

must be refused.

1.3 Decision Criteria

Ground Summary Never was the Registered Keeper / Person Liable

in relation to the Vehicle in question

Reason

Code

Detail Never

Owned

States they never owned Vehicle, but no details or

evidence provided

Decision Reject

RREJ10



CCS0000140731


Detail Never

Owned

States they never owned or were not the

Registered Keeper/Person Liable on the date of

Contravention. System shows that DVLA

Registered Keeper/Person Liable details have

been superseded and one of the following

circumstances applies:

• no start or end date was entered from

previous details (either hire or sale).

• details entered were incorrect.

Decision Accept – Reissue to previous Registered

Keeper/Person Liable.

RACC10

Detail Never

Owned

States they never owned and never kept the

Vehicle and provides one of the following:

• confirmation letter from DVLA or affidavit.

Decision Accept

RACC10

Detail Ringer/Clone States Vehicle was never at the location (Cloned /

Ringed), but provides no evidence – Image

confirms same VRM, make, model and colour.

Decision Reject



CCS0000140731


Additional Information Ask for evidence to confirm. Evidence can be:

• proof of Vehicle at different location -

acceptable evidence includes tracker report,

statements from colleagues, neighbours

asserting Vehicle at different location;

• photos of Vehicle that show a difference in

the Vehicles (i.e. number plate maker/

garage name);

• proof of involvement of another

enforcement agency (i.e. previous dealings

with police or local authority that have

confirmed Vehicle is Cloned / Ringed);

• proof that a crime has been previously

reported (including crime reference number)

(i.e. person has had previous dealing with

police regarding the Cloned Vehicle such as

a speeding fine, which has resulted in the

police recording the Vehicle as Cloned /

Ringed); or

• Affidavit affirming Vehicle was not in the

CCZ.

RREJ12



CCS0000140731


Detail Ringer/Clone States Vehicle was never at the location

(Cloned/Ringed) and provides one of the following:

• proof of Vehicle at different location -

acceptable evidence includes tracker report,

statements from colleagues, neighbours

asserting Vehicle at different location;

• photos of Vehicle that show a difference in


garage name);


enforcement agency (i.e. previous dealings


confirmed Vehicle is Cloned/Ringed);

• proof that a crime has been previously

reported (including crime reference number)

(i.e. person has had previous dealing with

police regarding the Cloned Vehicle such as

a speeding fine, which has resulted in the

police recording the Vehicle as

Cloned/Ringed);

• affidavit affirming Vehicle was not in the

CCZ.

Decision Accept

RACC30

Detail Missmatch States Vehicle was not at location – Image check

confirms VRM is indeed different or

make/model/colour mismatch.

Decision Accept

RACC31

Ground Summary Had ceased to be the person liable before the date



CCS0000140731


on which the Vehicle was used or kept on a road in

a charging area

Details Sold States they had sold Vehicle before Contravention

date, but no details provided of whom the Vehicle

was sold to.

Decision Reject

Additional Information Ask for details to confirm Vehicle was sold and to

whom.

RREJ11



CCS0000140731


Details Sold States sold Vehicle before Contravention date;

provides name and address of new Registered

Keeper / Person Liable but no other proof

included.

Name and address should be complete and

capable of being validated. Post code check

should always be carried out. Use PAF search as

follows:

• check post code

• check post code & house number

• check house number, road & town

• check minor spelling alterations

• check partial address (What is known)

• check partial post code (i.e. SW18)

If no details returned review (if available) previous

PCN to determine if mail may have been returned.

If details are clearly false/fictional, (e.g. “Mickey

Mouse”, “Disney Land”) or are not a deliverable

address i.e. the “Dog and Duck Car Park”, reject.

If address is in a valid format (i.e. house

number/name, street name, and town) but fails

post code check, PCN can still be reissued.

Decision Accept – Reissue to new Registered Keeper /

Person Liable.

RACC11



CCS0000140731


Detail Sold States sold Vehicle before Contravention date and

provides either;

• a valid receipt / invoice for sale of Vehicle;

• completed DVLA registration document; or

• confirmation letter from DVLA of sale.

Decision Accept – Reissue to new Registered Keeper /

Person Liable.

RACC11

Detail Death States Registered Keeper / Person Liable has died

and provides proof (either death certificate or

confirmation from solicitors handling estate).

Representation will be from Third Party and

response should not be sent to deceased

Registered Keeper / Person Liable.

Decision Accept

RACC36

Detail Death States Registered Keeper / Person Liable has

died, but no proofs provided.

Decision Reject

Additional Information Representation will be from Third Party and

response should not be sent to alleged deceased


Ask for copy of death certificate.

RREJ32

Ground Summary Became the person liable after that date

Details Bought States bought Vehicle after Contravention date,

but no details provided of whom the Vehicle was

bought by.

Decision Reject

RREJ11



CCS0000140731


Additional Information In Notice of Rejection ask for details

Details Bought States bought Vehicle after Contravention date

and provides name and address of previous

Registered Keeper / Person Liable; no other proofs

supplied.




follows:

• check post code




• check partial address (what is known)




If details are clearly false/fictional, e.g. “Mickey


address i.e. the “Dog and Duck Car Park”, reject.


number/name, street name, and town) but fails

post code check, PCN can still be reissued.

Decision Accept Reissue

RACC12



CCS0000140731


Detail Bought States Vehicle bought after Contravention date

and provides a valid receipt for Vehicle purchased

(this should show that Vehicle was bought before

Contravention date) or completed DVLA

registration document or confirmation letter from

DVLA of sale.

Decision Accept

RACC12

The following amended rules should be applied to;

• all “in time” Representations;

• all “late” Representations (regardless of reason for lateness up to and including

warrant requested);

• all new Appeals (not those that have already been contested). If the grounds are met

the Appeal is to be non contested, with an explanation given as to why the Appeal is to be

non-contested; and

• all rules not referenced in this section are still applicable and must be applied as per

this document - Appendix 24: Criteria for dealing with Representations..

Ground Summary That the Charge Payment payable for the use

or keeping of the Vehicle on a road on the

occasion in question was paid at the time and

manner required by the charging Scheme.

Details Paid States paid and provides credit card and or bank

statement showing deduction, plus card

number. Perform appropriate search as per

“Perform Enforcement Searches Procedure”.

Decision Apply appropriate rule based on search results

Additional Evidence If search cannot be completed due to missing

evidence, i.e. credit card number, then ensure

these details are requested in any rejection.



CCS0000140731


Details Paid States paid but paid for wrong VRM because

paid for a different Vehicle. Registered

Customer – Vehicle paid for is either primary or

secondary Vehicle.

THIS IS THE FIRST REPRESENTATION

Decision Accept

RACC04

Details Paid States paid but paid for wrong VRM because

paid for a different Vehicle. Registered

Customer – Vehicle paid for is either primary or

secondary Vehicle.

THIS IS NOT THE FIRST REPRESENTATION

Decision Reject

RREJ01

Detail Paid Provides a Receipt number / copy of Receipt /

original Receipt for Charge Payment – details

checked by the Enforcement Operations

Service Provider and payment confirmed for

correct VRM and date.

Decision Accept

RACC07


original Receipt for Charge Payment– Details

checked and shows payment for different day

of travel. Payment made via Contact Centre,

IVR, web, metric, post or Retail Service

Provider.


Decision Accept

RACC04



CCS0000140731



original Receipt for Charge Payment– Details

checked and shows payment for different day

of travel. Payment made via Contact Centre,

IVR, web, metric, post or Retail Service

Provider.


Decision Reject

RREJ02

Details Paid States paid:

Either the Customer’s evidence or search on the

Core IT System shows that they paid for wrong

VRM because they either paid for a different

Vehicle or there was an error made in recording

the Vehicle registration number they paid for

regardless of payment channel.

This rule includes all types of VRM entry errors

regardless of character length or transposition

e.g. a 3/4/5/6/7 digit error is now acceptable as

long there is proof of a Charge Payment for any

Vehicle on the day of the Contravention.

(mistakes such as entering the car make or

model are now to be accepted, i.e. paid for

Jaguar instead of their actual VRM).


Apply

reason code

in

accordance

to Channel,

Charge paid

by.



CCS0000140731


Decision Accept

Details Paid States paid:

Either the Customer’s evidence or search on

The Core IT System shows that paid for wrong

VRM because paid for a different Vehicle or

there was an error made in recording the

Vehicle registration number they paid for

regardless of payment channel.

This rule includes all types of VRM entry errors.


Decision Reject

RREJ01

Detail Paid States paid, but no proofs provided (e.g.

bank/credit card statement without full card

number) – the Enforcement Operations Service

Provider cannot trace any pertinent payment.

Decision Reject

Additional Evidence Ask Customer to provide proof of Charge

Payment for the Vehicle captured and on the

date of Contravention.

RREJ05


original Receipt for full Charge Payment – VRM

was entered incorrectly by the Enforcement

Operations Service Provider.

Decision Accept

RACC02/03



CCS0000140731


Details Paid States paid – on investigation Discounted

Charge Payment paid instead of full Charge

Payment.

Decision Reject

RREJ04

Detail Paid States paid Charge – investigation shows fault

with payment channel (i.e. lost Web payment or

Retail Service Provider transaction). It is vital

that all relevant information is checked including

System faults, Retail Service Provider failures,

and individual metric machine failures. This

includes manual payments.

Decision Accept

RACC37/38

/39

Detail Paid States paid Charge Payment – investigation

shows that the Business Operations Service

Provider had not processed Charge Payment

(i.e. backlog or lost by Customer services) and

Customer was not informed.

Decision Accept

RACC01

Detail Retail

Service

Provider

Claims Retail Service Provider machine was not

working – investigation confirms no known faults

either with network or individual outlet problem

reported.

Decision Reject

RREJ36



CCS0000140731


Detail Retail

Service

Provider

Claims Retail Service Provider machine was not

working – investigations shows Retail Service

Provider network not working.

Decision Accept

RACC37

Detail Metric Claims metric machine was not working –

investigation shows metric machine not faulty.

Decision Reject

RREJ37

Detail Metric Claims Metric Machine was not working –

investigation shows Metric Machine faulty.

Decision Accept

RACC38

Detail Contact

Centre

States were unable to get through to Contact

Centre – investigation shows no problems with

Contact Centre.

Decision Reject

RREJ34

Detail Contact

Centre

States unable to get through to Contact Centre –

investigations shows Contact Centre unavailable

(i.e. fire alarm system failures).

Decision Accept

RACC43

Detail Web States Web site unavailable – investigation

shows no Web problems.

Decision Reject

RREJ35

Detail Web States Web site unavailable – investigation

shows significant Web outage.

RACC43



CCS0000140731


Decision Accept

Detail Text States text payment method not working –

investigation shows no problems.

Decision Reject

RREJ38


investigation shows significant problems with

System.

Decision Accept

RACC39

Detail Text States tried to pay by SMS, payment failed and

received SMS error message. Claims SMS error

message confusing.

Decision Accept

RACC39

Detail Text States tried to pay by SMS, payment failed and

received SMS error message. Claims SMS error

message confusing.

Decision Reject

RREJ38

Detail Fleet PCN issued between 17/02/03 & 07/03/03

Decision Accept

RACC41

Detail Fleet States Vehicle should have been on Fleet

Account list – investigation shows no system

problems or data entry problems by the

Business Operations Service Provider.

Decision Reject

RREJ31



CCS0000140731



Account list – investigation shows either system

problems or error made by the Business

Operations Service Provider.

Decision Accept

RACC41


Account list – investigation shows Fleet

Operator error.

Decision Reject

RREJ31

Detail Fast Track Misunderstood Fast Track (i.e. believed

payment debited automatically).

Decision Reject

RREJ05

Details Payment

queue

States tried to pay but queue too long so could

not wait.

Decision Reject

RREJ05

Rejected Representations where applicable must make reference to

previously accepted Representation.

Representation concerning Charge Payments which fall outside of these

grounds or those referenced in this document - Appendix 24: Criteria for

dealing with Representations and Appeals should be escalated to a PMA for

guidance.

Ground Summary That no Penalty Charge is payable under the

charging Scheme



CCS0000140731


Detail Exempt States Vehicle is Exempt from Charge Payment due

to Tax class and provides proof (DVLA Taxation

certificate, V5).

Decision Accept

RACC27

Detail Exempt States Vehicle is Exempt from Charge Payment due

to Tax class, but does not provide any proof –

Image shows Exempt Vehicle e.g. bus or motor

bike.

Decision Accept

RACC27

Details Exempt States Vehicle is Exempt from Charge Payment due

to Tax class, but does not provide any proof –

Image does not confirm exemption.

Decision Reject

Additional Information In Notice of Rejection ask for details

RREJ23

Details Discount States is entitled to 100% Discount from Scheme

(excluding Blue Badge) and has registered –

investigation shows no application received.

Decision Reject

RREJ22


(excluding Blue Badge Holders) and has registered

– investigations shows application received but not

processed within period allowed for registration (10

days).

Decision Accept

RACC25



CCS0000140731


Detail Discount States entitled to 100% Discount from Scheme


– registration not received in time.

Decision Reject

RREJ22



– investigation shows error made by the Business

Operations Service Provider in registration (e.g.

wrong VRM recorded, not activated, or Customer

misinformed).

Decision Accept

RACC25



but sold Vehicle and did not nominate new qualified

Vehicle or has use of hire or courtesy car and did

not nominate this Vehicle.


Decision Accept

RACC26



but sold Vehicle and did not nominate new qualified

Vehicle or has use of hire or courtesy car and did

not nominate this Vehicle.


Decision Reject

RREJ22



CCS0000140731


Details Police States police Vehicle, but no proof provided –

Image does not support claim.

Decision Reject

Additional information In Notice of Rejection ask for further details,

including a supporting letter signed by senior police

officer (superintendent or above) or if a Metropolitan

police Vehicle appropriate form included.

RREJ23

Details Police States police Vehicle and proof provided in the form

of a letter signed by senior police officer

(superintendent or above) or Metropolitan police

form.

Decision Accept

RACC29

Details Emergency

Services

States emergency services Vehicle, but no proof

provided – Image does not support claim

Decision Reject

Additional information In Notice of Rejection ask for further details,

including a letter on suitably headed paper signed

by senior officer (i.e. Station Manager / Head of

service).

RREJ23

Details Emergency

Services

States emergency services Vehicle and provides

evidence supported with a letter from the relevant

emergency service confirming that the Vehicle was

used for the purpose described at the time and date

of the Contravention (from the station manager /

head of service).

Decision Accept

RACC29



CCS0000140731


Detail Selected

Partner

States they are exempted or discounted from

Scheme due to working for a Selected Partner such

as local authority. Vehicle was not added to the

account.

Decision Reject

RREJ31

Detail Selected

Partner

States they are exempted or discounted from

Scheme due to working for a Selected Partner such

as local authority. Vehicle VRM was entered

incorrectly (2 or fewer digit error or transposed)

regardless of who nominated VRM.

Decision Accept

RACC25

/

RACC26

Detail Military

Vehicle

States UK military Vehicle; Image confirms or letter

from Officer (Lieutenant, or flying officer or above)

or Ministry of Defence enclosed confirming Vehicle

being used appropriately.

Decision Accept

RACC29

Detail Foreign

Military

States Vehicle is Exempt due to being a foreign

military Vehicle.

Decision Reject

RREJ23

Details PCO States Vehicle is taxi / hackney carriage, but no

proof of PCO registration provided.

Decision Reject

Additional Information In Notice of Rejection ask for details of PCO

registration.

RREJ24



CCS0000140731


Details PCO States Vehicle is taxi / hackney carriage and proof

of PCO registration provided.

Decision Accept

RACC28

Details PCO States Vehicle is private hire Vehicle (mini cab), but

no proof of PCO registration provided.

Decision Reject

Additional Information In Notice of Rejection ask for details of PCO

registration

RREJ24

Details PCO States Vehicle is private hire Vehicle (mini cab) and

proof of PCO registration provided.

Decision Accept

RACC28

Details PCO States Vehicles registered; evidence shows that

upload of VRMs from PCO failed.

Decision Accept

RACC28

Details PCO States Vehicle/hackney carriage was registered

with PCO; evidence included to show that PCO

failed to update details correctly including the VRM

being entered incorrectly (regardless of number of

digit errors) or VRM not being entered within time.

Confirmation from PCO must be included with

Representation.

Decision Accept

RACC28



CCS0000140731


Details PCO Driver states operator either failed to register or

incorrectly registered the Vehicle.

Decision Reject

RREJ24

Details PCO Driver states they are Exempt (produces letter

which confirms that they have been PCO

registered); however Vehicle has not been

registered by PCO.

Decision Reject

RREJ24

Details PCO States they were attending a Vehicle inspection at

PCO (Vehicle failed inspection).

Decision Reject

RREJ24

Detail PCO States they were attending a Vehicle inspection at

PCO (Vehicle passed inspection), confirmation

included.

Accept

RACC28

Details Taxi

Hackney

carriage

States they are driving a taxi, Vehicle is registered

with another authority not PCO.

Decision Reject

RREJ24

Details Alt. Fuel States is alternative fuel Vehicle, but not registered

with Scheme.

Decision Reject

RREJ22



CCS0000140731


Details Blue Badge States is Blue Badge Holder proof provided (copy of

badge)


Decision Accept

RACC21

Details Blue Badge States is Blue Badge holder and thought they were

automatically Exempt, but no proof provided.


Decision Reject

Additional Information Evidence required: in Notice of Rejection ask for a

copy of Blue Badge

RREJ21

Details Blue Badge States is Blue Badge Holder and thought they were

automatically Exempt.

THIS IS NOT THE FIRST REPRESENTATION.

Decision Reject

RREJ20

Details Blue Badge States is Blue Badge Holder and registered with

Scheme – investigation shows error made by the

Business Operations Service Provider in

registration (e.g. wrong VRM recorded, not

activated, or Customer misinformed).

Decision Accept

RACC22

Details Blue Badge States is Blue Badge Holder. Registered with

Scheme and first Contravention – investigation

shows registration not received in time.

Decision Accept

RACC22



CCS0000140731



Scheme – investigation shows registration not

received in time.


Reject

RREJ20


Scheme – investigation shows Customer did not

register or nominate the Vehicle.


Decision Accept

RACC21


Scheme – investigation shows Customer did not

register Vehicle.


Decision Reject

RREJ20

Details Resident States is Resident. Not registered with Scheme.

Decision Reject RREJ25

Details Resident States is Resident and registered – investigation

shows error made by the Business Operations

Service Provider in registration (e.g. wrong VRM

recorded, not activated, or Customer misinformed).

Decision Accept

RACC25

Details Resident States is Resident, registered and forgot to pay.

Decision Reject

RREJ25



CCS0000140731


Detail Resident States is Resident and is attempting to register but

process not complete – investigations shows

application received but not processed within period

allowed for registration (10 days).

Decision Accept

RACC43


not registered in time.

Decision Reject

RREJ25

Detail Resident Registered as Resident, sold Vehicle and did not

nominate new Vehicle; has use of hire or courtesy

car and did not nominate this Vehicle. Discount

Charge Payment has still been paid.


Decision Accept

RACC04

Detail Resident Registered as Resident, sold Vehicle and did not

nominate new Vehicle; has use of hire or courtesy

car and did not nominate this Vehicle. Discount

Charge Payment has still been paid.


Decision Reject

RREJ01

Details Charity Charity / voluntary organisation states should be

exempt because of their status.

Decision Reject

RREJ26



CCS0000140731


Details Emergency States drove into Charging Zone due to an

emergency (emergency would consist as

emergency visit to hospital within Charging Zone

i.e. relative rushed to hospital) but no details

provided.

Decision Reject

Additional information In Notice of Rejection ask for a letter from hospital

confirming emergency visit.

RREJ26

Detail Emergency States drove into Charging Zone due to medical

emergency, and provides proof of emergency visit

to hospital (this is not a routine scheduled hospital

visit).

Decision Accept

RACC36

Detail Hospital States was visiting hospital. Was a routine or

scheduled appointment.

Decision Reject

RREJ26

Detail Sick / Ill States was taken ill (non emergency).

Decision Reject

RREJ26

Detail Toilet States had to use toilet within Charging Zone.

Decision Reject

RREJ26

Detail Petrol States had to enter Charging Zone to get fuel.

Decision Reject

RREJ26

Detail Funeral States was driving to a funeral. RREJ26



CCS0000140731


Decision Reject

Detail Death States was going to register death or travelling to

hospital due to death of relative and proof of death

provided (death certificate).

Decision Accept

RACC36


hospital due to death of relative, but proof of death

not provided.

Decision Reject

Additional

Information

In Notice of Rejection ask for copy of death

certificate.

RREJ26

Details Diversion Drove into Charging Zone due to a diversion –

investigation confirms diversion into the Charging

Zone.

Investigation or evidence may include any of the

following;

• System check of notified diversion; or

• Contact with LTCC who confirm diversion

into Charging Zone

IF ANY DOUBT ESCALATE TO PMA

Decision Accept

RACC33


investigation as above.

No known diversion shown.

Decision Reject

RREJ26



CCS0000140731


Details local

authority

States Vehicle had been subject to enforcement

action by a local authority (clamped / removed) and

this was why the Vehicle was within the Charging

Zone, but no evidence is produced to substantiate

this claim.

Decision Reject

Additional

Information

Further information/evidence required: copy of

clamp removal release sheet and/or further details

RREJ28

Details local

authority

States Vehicle had been subject to enforcement

action by a local authority (clamp / removed) and


Zone, and evidence is produced to substantiate this

claim.

Decision Accept

RACC34

Detail Detained States was detained by police, but does not provide

any evidence.

Decision Reject

Additional

Information

Evidence required: copy of custody sheet

RREJ28

Detail Detained States was detained by police and provides

evidence (custody sheet).

Decision Accept

RACC34

Detail In Prison Claims unable to or cannot pay as they are in

prison.

RREJ28



CCS0000140731


Decision Reject

Detail Breakdown States Vehicle broke down, resulting in presence in

the Charging Zone during Charging Hours

Decision Reject

RREJ28

Detail Ignorance States was unaware of Congestion Charging

Scheme.

Decision Reject

RREJ26

Detail Got Lost States got lost so drove into Charging Zone.

Decision Reject

RREJ26

Detail Roads Claims was sent into Charging Zone due to road

layout.

Decision Reject

RREJ30

Detail Dead End Claims road is dead end so should not be in

Charging Zone.

Decision Reject

RREJ30

Detail Swerved Swerved or forced into Charging Zone

Decision Reject

RREJ26

Details Advice States received incorrect advice from either Contact

Centre or Retail Service Provider, but no evidence

provided and cannot be proven.

Decision Reject

RREJ03



CCS0000140731


Details Advice States received incorrect advice from either Contact

Centre or Retail Service Provider and is proven

(either evidence is provided or known incident).

Decision Accept

RACC40

Details Delivery States was making a delivery or entered Charging

Zone to load / unload.

Decision Reject

RREJ26

Details Leaving

Zone

States they were leaving Charging Zone and not

entering.

Decision Reject

RREJ28

Details VIP Claims they are famous / important and shouldn’t

have to pay.

Decision Reject

RREJ26

Details Wasn’t

driver

States another person driving.

Decisions Reject

RREJ32

Details Signs States Charging Zone entry signs missing.

Decision Escalate to PMA

RREJ30

OR RACC42

Details Cameras States problem with camera – investigate evidential

integrity log and then pass results to PMA.


RREJ

27OR RACC32



CCS0000140731


Details Timing Claims not to be in Charging Zone during Charging

Hours. Their own clock showed the time before or

after charging hours or they heard time from third

party.

Decision Reject

RREJ29

Details Legal Makes challenge on legal ground e.g. human rights,

error in Scheme Order, and wording on PCN.


RREJ33

Ground Summary 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 / Person Liable

Details Stolen States Vehicle was stolen / taken without consent,

but does not provide any proof.

Decision Reject

Additional Information Further details required: crime reference number

and police station the crime was reported to.

RREJ40

Details Stolen States Vehicle was stolen / taken without consent

and provides proof (crime reference number and

police station to which it was reported) – the

Enforcement Operations Service Provider validates

details with police station

Decision Accept

RACC51

Details Taken States Vehicle was taken but user did not have

consent (i.e. relative/friend borrowed car)

Decision Reject

RREJ40



CCS0000140731


Ground Summary That the Penalty Charge exceeds the amount

applicable in the circumstances of the case

Detail Incorrect

Charge

States amount on PCN is incorrect, not the amount

prescribed in regulations – confirm details on PCN

are correct.

Decision Reject

RREJ61

Detail Part Paid States paid discounted sum – confirm if payment

received and date payment received if in time.

Accept write-off balance (do not record as accept

on System)

RACC71

Detail Part Paid States paid Discounted sum – investigate to confirm

if payment received and date payment received - if

received out of time

Decision Reject

RREJ61

Detail Part Paid States other sum paid (e.g. £5.00)


Ground Summary The recipient is a Vehicle-hire firm and –

The Vehicle in question was at the material time

hired from that firm under a hire agreement; and

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

FULL DETAILS REGARDING HIRE AGREEMENTS ARE DETAILED IN THE HIRE

AGREEMENT GUIDANCE NOTES1

1 Currently under revision 21/04/04



CCS0000140731


Detail Hire States Vehicle hired, but no proof provided

Decision Reject

Additional

evidence

Confirm Vehicle must have been hired for period of

less than six (6) Months. Evidence required:

relevant hire agreement (or copy) and signed

statement of liability.

RREJ51

Detail Hire States Vehicle hired, and provides name and

address of hirer.

Decision Reject

Additional

evidence


less than six (6) Months. Evidence required:]


statement of liability.

RREJ52

Details Hire States Vehicle hired and provides hire agreement

– details on hire agreement do not match those of

Contravention (i.e. VRM, date and times of

Contravention).

Decision Reject

Additional

evidence


less than six (6) Months. Evidence required:]


statement of liability

RREJ52

Detail Hire States Vehicle was hired and provides hire

agreement but no signed statement of liability.




CCS0000140731


Additional

evidence


less than six (6) months. Further evidence

required: relevant hire agreement (or copy) and

signed statement of liability.

Detail Hire States Vehicle is hired and provides accurate hire

agreement and signed statement of liability.

Decision Accept

RACC61

Details Hire/Lease States Vehicle is leased or hired for period in

excess of six (6) months.

Decision Reject

RREJ50

Details Hire/Lease States Vehicle is hired or leased but does not give

an end date to period of hire/lease

Decision Reject

RREJ52

Diplomatic Representations received from a Diplomatic

Mission, regarding a diplomatic Vehicles

Detail Diplomati

c Vehicle

Representation received from a diplomatic mission

regarding a diplomatic Vehicle.

Decision Accept

RACC35



CCS0000140731


1.4 Definition of First Representations

A number of the business rules apply to first Representations. Previously rules

have mentioned first Contravention or first occurrence to bring all these rules

into line, ensuring consistency the following rules should be applied to

determine if it is the first Representation.

Definition – the following scenarios apply Group

Multiple Representation received against all PCNs Same ground and

same circumstances

apply to all PCNs –

refer to specific rule,

reference all relevant

PCNs

Single Representation against one (1) PCN received, additional

PCNs issued but not referenced in Representation

Same ground and

same circumstances




PCNs

Multiple Representation received, additional PCNs issued but not

referenced

Same ground and

same circumstances




PCNs



CCS0000140731


The acceptance of these Representations is dependent on the Representation being made

within the statutory time limit (unless either valid reason for lateness given or PCN issued

due to Business Operations Service Provider error). Any PCN outside the statutory time

period will not be included.

Therefore

First Representation does not apply to those PCNs issued outside of the statutory

Representation period and will be excluded.

First Representation rule does not apply where grounds and circumstances differ (these are

considered separately in accordance to the evidence supplied).

First Representation will include all PCNs in the group with same ground and

circumstances.

Further PCNs issued before person could reasonably have received the Notice of

Acceptance that have a Representation made against them on the same ground and same

circumstances apply should be accepted. The period that will be taken as ‘reasonable’ is

five (5) Working Days with the first Working Day being the date the relevant Notice of

Acceptance was issued for the ‘first Representation’ see payment rules definition (6.5.1).



CCS0000140731


1.5 Additional Criteria - Representation made on behalf of registered

Keeper / Person Liable

The Registered Keeper / Person Liable of the Vehicle should be the person

making a Representation; the following criteria should be applied in

considering the Representations if it is not the Registered Keeper / Person

Liable who is making the Representation.

Detail Nominee Response

Detail Registered

Keeper/Person Liable is

company or organisation.

Response comes from an employee/member of

that organisation who is authorised to respond.

This includes the following:

• Company secretary

• Legal representative of company

• Fleet manager / administrator

• Senior employee such as Director, Chief

Executive, Head of department, Finance

manager

A clear statement should be included stating that

they authorised on behalf of “Company name” to

make the Representation

This can be confirmed by use of headed paper,

indicating the person’s position within the

company.

Decision Deal with Representation The response must go to the Registered Keeper /

Person Liable and copied to the relevant person

(copy does not have Appeals form attached).

Detail On behalf of Registered

Keeper / Person Liable –

Response comes from immediate family member

on behalf of the Registered Keeper / Person Liable



CCS0000140731


family member i.e.

husband / wife / father / mother / son / daughter.

Representation states they are making

Representation on behalf of family member

A clear statement should be included stating that “I

am making the Representation on behalf of my…”

(see above)

This will include cases where the Registered

Keeper / Person Liable is a child and parent is

acting for them.

Decision Deal with Representation The response must go to the Registered Keeper /

Person Liable and copied to relevant person (copy

does not have Appeals form attached)



authorised representative

Response comes from

Carer

Social worker

Psychiatric Nurse or GP

Clear statement should be included stating that

“They are making Representation on behalf of the

Registered Keeper / Person Liable, in their position

of …

Decision Deal With Representation The response should go to the Registered Keeper

/ Person Liable copied to relevant person (copy

does not have Appeals form attached).



authorised representative

Response comes from Citizen Advice Bureau

Statement saying they have been instructed to act

for registered Keeper / Person Liable



CCS0000140731


Decision Deal with Representation The response should go to the Registered Keeper

/ Person Liable copied to the relevant person (copy

does not have Appeals form attached).

Detail On behalf of the

Registered Keeper /

Person Liable / legal

representative

Response comes from legal representative

instructed by Registered Keeper / Person Liable

such as lawyer, solicitor, advocate or barrister or

any other nominated legal representative.

Statement stating that they have been instructed

on behalf of the Registered Keeper / Person

Liable.

Statement stating that they have been appointed

by the Registered Keeper / Person Liable.

Statement stating that they act for the Registered

Keeper / Person Liable.

Person granted power of attorney

Appropriate document is supplied showing power

of attorney.

Decision Deal with Representation Response (including actual Notice of Rejection

where applicable) must be sent to the legal

representative and copied to Registered Keeper /

Person Liable

Details Registered Keeper /

Person Liable deceased

Response comes from a third party stating

Registered Keeper / Person Liable is deceased.

Business rules applied.

Decision Deal with Representation Respond in accordance with business rules to

party making Representation. DO NOT write to



CCS0000140731





CCS0000140731


1.6 Additional Criteria - Late Representation

When dealing with Representations the following criteria should be applied for

deciding if a Representation that is received late should be considered.

• The Enforcement Operations Service Provider staff member investigating

the Representation should check to determine when the Representation

has been received and if it is received outside the allowable period for

Representations. In the following circumstances the late Representation is

to be considered as a normal Representation.

Allowable Criteria Proof Required Reason

Code

Long term sickness A letter from the hospital confirming the period of

sickness or a hospital discharge letter which gives

details of the period in hospital. The details of the

letter must be relevant to the Contravention (i.e.

illness/hospital stay should occur at the same time as

PCN served).

LREP03

Holiday Travel ticket, hotel booking confirmation and / or a

receipt from the accommodation. The holiday details

must be relevant to the Contravention.

LREP02

Temporary

Imprisonment

A letter from the police or the court confirming the

period of imprisonment or notice of discharge from

custodial sentence. Details of the imprisonment

must be relevant to the Contravention.

LREP02



CCS0000140731


Postal Strike Either:

• Confirmation from Royal Mail of industrial

action; or

• Instruction from TfL

LREP01

• If considered as a normal Representation the PCN should be reverted to

the appropriate status (i.e. so that Charge Certificates are not served

and/or further Enforcement action is not taken as a result of the Penalty

Charge underlying such a PCN becoming “outstanding”).

• In addition to the above reasons for lateness, the following specific

Representation reasons and those for Ground 2 (paid the Charge

Payment) as an addendum to these rules will allow the Representation to

be considered as “in Time”. If the Representation is made on one of the

following grounds and would have been either accepted or escalated to a

PMA if in time, it should be processed as “in time” and either accepted or

escalated to PMA for a decision. PLEASE NOTE THIS IS REGARDLESS

OF PROOF OF LATENESS.

Ground Summary Reason Reason

Code

Detail Never

Owned

States they never owned or were not the

Registered Keeper/Person Liable on the date of

Contravention. System shows that DVLA

Registered Keeper/Person Liable details have

been superseded and one of the following

circumstances applies:

• No start or end date was entered from

previous details (either hire or sale)

• Details entered were incorrect

RACC10



CCS0000140731


Decision Accept – Reissue to previous Registered Keeper /

Person Liable

Detail Never

Owned

States they never owned and never kept the

Vehicle and provides one of the following:

• confirmation letter from DVLA,

• Statement of Truth or

• affidavit.

Decision Accept

RACC10

Detail Ringer/

Clone

States Vehicle was never at the location (Cloned /

Ringed) and provides one of the following

• proof that Vehicle was at a different

location. Acceptable evidence includes

tracker report, statements from colleagues,

neighbours asserting Vehicle at different

location;

• pictures of Vehicle that show a difference in


garage name);


Enforcement agency (i.e. previous dealings


confirmed Vehicle is Cloned / Ringed);

• proof that a crime has been reported

(including crime reference number);

• affidavit affirming Vehicle was not in the

CCZ.

Decision Accept

RACC30



CCS0000140731


Detail Mis-Match States Vehicle was not at location – Image check

confirms VRM is indeed different or

make/model/colour mismatch.

Decision Accept

RACC31

Details Sold States sold Vehicle before Contravention date;

provides name and address of new Registered

Keeper/Person Liable but no other proof included.




follows:

• check post code

• check post code and house number



• check partial address (what is known)




If details are clearly false/fictional, e.g. “Mickey


address i.e. the “Dog and Duck Car Park” reject.


number/name. street name, town) but fails post

code check, PCN can still be reissued.

Decision Accept

RACC11



CCS0000140731


Detail Sold States sold Vehicle before Contravention date and

provides either :

• a valid receipt / invoice for sale of Vehicle;

• completed DVLA registration document ; or

• confirmation letter from DVLA of sale.

Decision Accept RACC11

Detail Death States Registered Keeper / Person Liable has died

and provides proof (either death certificate or

confirmation from solicitors handling estate).

REPRESENTATION WILL BE FROM THIRD

PARTY AND RESPONSE SHOULD NOT BE

SENT TO DECEASED REGISTERED KEEPER /

PERSON LIABLE

Decision Accept

RACC36



CCS0000140731


Details Bought States bought Vehicle after Contravention date

and provides name and address of previous

Registered Keeper/Person Liable; no other proofs

supplied.




follows:

• check post code



• check minor alterations

• check partial address (What is known)




If details are clearly false/fictional, e.g. ““Mickey

Mouse””, ““Disney Land””) or are not a deliverable

address i.e. the “Dog and Duck Car Park” reject.


number/name, street name, town) but fails post

code check, PCN can still be reissued

Decision Accept

RACC12



CCS0000140731


Detail Bought States Vehicle bought after Contravention date

and provides a valid receipt for Vehicle purchased

(this should show that Vehicle was bought after

Contravention date) or completed DVLA

registration document or confirmation letter from

DVLA of sale.

Decision Accept

RACC12

Detail Paid States paid Charge Payment – investigation shows

fault with payment channel (i.e. lost Web payment

or Retail Service Provider transaction). It is vital

that all relevant information is checked including

system faults, Retail Service Provider failures, and

individual metric machine failures.

Decision Accept RACC37/38

/39

Detail Paid States paid Charge Payment – investigation shows

that the Business Operations Service Provider had

not processed Charge (i.e. backlog or lost by

Customer services) and Customer was not

informed.

Decision Accept RACC01

Detail Exempt States Vehicle is Exempt from Charge Payment

due to Tax class, but does not provide any proof –

Image shows Exempt Vehicle e.g. bus or motor

bike

Decision Accept

RACC27



CCS0000140731



(excluding Blue Badge) and has registered –

investigations shows application received but not

processed within period allowed for registration

(ten (10) days).

Decision Accept

RACC25

Details Discount States is entitled to 100% discount from Scheme

(excluding Blue Badge Holders) and has

registered – investigation shows error made by the



activated or Customer misinformed).

Decision Accept

RACC25

Details Police States police Vehicle and proof provided in the

form of a letter signed by senior police officer

(superintendent or above) or metropolitan police

form.

Decision Accept

RACC29

Details Emergency

Services

States emergency services Vehicle and provides

evidence supported with a letter from the relevant

emergency service confirming that the Vehicle was

used for the purpose described at the time and

date of the Contravention (from the station

manager/head of service).

Decision Accept

RACC29



CCS0000140731


Detail Military

Vehicle

States UK military Vehicle; Image confirms or letter

from Officer (Lieutenant, flying officer or above) or

Ministry of Defence enclosed confirming Vehicle

being used appropriately.

Decision Accept

RACC29

Details PCO States Vehicle is taxi / hackney carriage and proof

of PCO registration provided.

Decision Accept

RACC28

Details PCO States Vehicle is private hire Vehicle (mini cab)

and proof of PCO registration provided.

Decision Accept

RACC28

Details PCO States Vehicles registered, evidence shows that

upload of VRMs from PCO failed.

Decision Accept

RACC28

Details PCO States Vehicle was registered with PCO, evidence

included to show that PCO failed to update details

correctly including the VRM being entered

incorrectly (regardless of number of digit errors) or

VRM not being entered within time.

Confirmation from PCO must be included with

Representation.

Decision Accept

RACC28



CCS0000140731


Details Blue

Badge

Holder

States is Blue Badge holder and registered with

Scheme – investigation shows error made by the



activated, or Customer misinformed).

Decision Accept

RACC22

Details Resident States is Resident and registered – investigation

shows error made by the Enforcement Operations

Service Provider in registration (e.g. wrong VRM

recorded, not activated, or Customer misinformed)

Decision Accept

RACC25


process not complete – investigations shows

application received but not processed within

period allowed for registration (ten (10) days).

Decision Accept

RACC43

Detail Emergency States drove into Charging Zone due to medical

emergency, and provides proof of emergency visit

to hospital (this is not a routine scheduled hospital

visit).

Decision Accept

RACC36


hospital due to death of relative and proof of death

provided (death certificate).

Decision Accept

RACC36



CCS0000140731



investigation confirms diversion

Investigation or evidence may include any of the

following:

• System check of notified diversion; or

• Contact with LTCC who confirm incident

If any doubt escalate to PMA.

Decision Accept

RACC33

Details Local

Authority

States Vehicle had been subject to Enforcement

Action by a local authority (clamp / removed) and


Zone and evidence is produced to substantiate this

claim.

Decision Accept

RACC34

Detail Detained States was detained by police and provides

evidence (custody sheet).

Decision Accept

RACC34

Detail Retail

Service

Provider

Claims the Retail Service Provider’s machine was

not working –investigations shows that the Retail

Service Provider’s network not working.

Decision Accept

RACC37

Detail Contact

Centre

States unable to get through to Contact Centre –

investigations shows Contact Centre unavailable

(i.e. fire alarm system failures).

RACC43



CCS0000140731


Decision Accept

Detail Web States Web site unavailable – investigation shows

significant Web outage.

Decision Accept

RACC43


investigation shows significant problems with the

text system.

Decision Accept

RACC39

States Vehicle should have been on Fleet Account

list – investigation shows either system problems

or error made by the Business Operations Service

Provider.

Detail Fleet

Accept

RACC41

Details Advice States received incorrect advice from either the

Contact Centre or Retail Service Provider and is

proven (either evidence is provided or known

incident).

Decision Accept

RACC40

Details Signs States Charging Zone entry signs missing.


RREJ30 OR

RACC42

Details Cameras States problem with camera – investigate

evidential integrity log and then pass results to

PMA.

RREJ 27OR

RACC32



CCS0000140731



Details Legal Makes challenge on legal ground e.g. human

rights, error in Scheme Order, and wording on

PCN.


RREJ33

Detail Hire States Vehicle is hired and provides accurate hire

agreement and signed statement of liability

Decision Accept

RACC61

Detail Hire States Vehicle is hired and provides additional

evidence further to earlier rejection. Evidence

correctly demonstrates Vehicle on hire.

Decision Accept

RACC61

• Any correspondence that does not meet these criteria should not be

considered and the Customer should be advised that they are out of

time and should pay or take the appropriate course of action (e.g. make

a Statutory Declaration if applicable).

• If the correspondence is a further Representation after an initial

Representation and a decision is made to reject, then following criteria

should be applied:

• Any refusal to consider must refer to the original Representation

and the original reason for rejection.

• If additional evidence has not been provided as requested that

this must be referenced in the response.



CCS0000140731


• Customer should be reminded of their options and any

applicable time limits.

1.7 Additional Criteria - Discount Renewal Process

The following business rules should be applied in the circumstances when the

Representation occurs as a result of the Discount renewals process.

Therefore if the Representation occurs due to the Discount renewal then

regardless of previous decisions (i.e. Blue Badge Holder first Contravention)

these rules shall apply.

• Any Notice of Acceptance or Notice of Rejection must advise the

Customer of when the renewal request was sent and when it had to be

completed by. If the renewal has not been completed then the

Customer should be advised of the time frame to complete renewal by

and that future PCNs would stand.

• Where these cases are identified, the Service Provider should make full

use of notes on the Enforcement Operations System to explain reason

for accepting or rejecting and refer to location of evidence (if

applicable).

• All data corrections identified must be processed.

Summary Detail Reason

Code

100% Discount holder (including Blue

Badge Holders)

Forgot to renew

Decision Accept Accept for PCNs relevant to renewal RACC21



CCS0000140731


expiry; advise of need to renew and

by when.

100% Discount Holder (including Blue

Badge Holders)

Still receives PCN after this advice

Decision Reject Reject, refer to earlier decision RREJ05

100% Discount holder (including Blue

Badge Holders)

Renewal received but not processed

or processed incorrectly, i.e. not

applied / wrong VRM entered

(regardless of entry error).

Decision Accept Accept all PCNs. Data correction

must be completed. Customer must

be advised of action

RACC01

Resident Forgot to renew and did not pay

daily Charge

Decision Reject Reject PCNs - Advise they need to

both renew Discount and pay daily

Charge Payment at full rate until

renewed, and then must pay at

Discounted rate

RREJ05

Resident Forget to renew and has continued

to pay Discounted Charge Payment

or Charge Payment still applicable

(i.e. have paid for annual Charge).

Decision Accept Advise of need to renew to stop

PCN being issued. Advise of date

RACC02



CCS0000140731


renewal must be made by.

Resident Fails to renew but still pays

Discounted Charge Payment.

Decision Reject Reject refer to previous decision RREJ04

Resident Renewal received but not

processed, or processed incorrectly

(i.e. not applied / wrong VRM

entered) (regardless of entry error).

Decision Accept Accept all PCNs. Data correction

must be completed. Customer must

be advised of action.

RACC01

All renewals Claims to have not received renewal

letter.

Decision Accept Confirm address renewal letter was

sent to is correct.

Re-send renewal letter.

Advise Charge Payment must be

paid until renewed.

RACC26

All renewals Claims to have not received renewal

letter

Decision Reject Investigation shows PCN issued

after previous Representation

response was sent. Reject but

provide details on how to renew.

RREJ22



CCS0000140731


All renewals Claims to have received conflicting

misleading advice (i.e. the incorrect

renewal letter that was sent).

RACC40

Decision Accept Explain process and how to correctly

renew. Arrange for customer

services or application

administration to contact Customer

to rectify position.



CCS0000140731


2 Criteria for dealing with PCN Payment Enquiries

2.1 Introduction{ TC "Background" \f C \l "1" }

2.1.1 The following policy gives guidance as to how to handle a Complaint

regarding the handling and processing of PCN payments.

2.1.2 The Complaints may come from a variety of sources, including hire and

lease companies who are responsible for a high proportion of bulk

payments and individuals.

2.1.3 Complaints have been made:

• following receipt of under payment letter

• following receipt of next Enforcement Notice

• with an enclosed late payment

2.1.4 The Complaints can be categorised as follows;

• alleged failure of Royal Mail in either delivery of our Enforcement

documentation or failure in Royal Mail to deliver payment to TfL within

a reasonable time or at all.

• claim of failure to allocate payment in prompt manner (either within

performance indicator or outside)

• reason given for delay in payment such as moving address

• complaints about receipt of underpayment letter when outstanding

balance has been written off

2.1.5 This policy is therefore designed to enable a single consistent decision

to be applied. Cases which are outside of the definitions of this policy

should be escalated to a TfL PMA.



CCS0000140731


2.2 { TC "Proposals for Payment Enquuiry Business Rules" \f C \l "1"

}Decision Criteria

2.2.1 All Complaint/Enquiries/Representations should be handled by the

Service Providers Enforcement Operations.

• This includes both written Enquires and telephone Enquires. In the

case of telephone enquiries the specific Enforcement team should

handle these enquiries in accordance with these rules.

• Such Enquiries may only be handled by the Service Providers

Enforcement Operations and not the Contact Centre. They must be

supported by detailed notes on the Enforcement Operations System as

to reason why the outstanding balance is being written off and details

of the advice given to the Customer.

2.2.2 Late payments with no explanation do not require a response and the

automatic under payment letters should continue to be sent.

2.2.3 These rules do not apply to partial payments that are not of a recognised

PCN amount (i.e. £5, £35 etc).

• Recognised amounts currently are £50 discount, £100 Full, £150

Charge Certificate and £155 Order for Recovery.

2.2.4

2.2.5 If refusing payment write off and the Enquiry is as an “in time

Representation” received in the time allowed for a Representation to be

made, and then send the appropriate Notice of Rejection. e.g.

• PCN issued 01/05/06



CCS0000140731


• PCN paid late 21/05/06 and under payment letter sent

• Representation received on 27/05/06 as within twenty-eight (28) days

treat as a Representation and if rejecting, send Notice of Rejection.

2.2.6 If Enquiry is past the times allowed for a Representation then send the

appropriate late Representation rejection letter e.g.:

• PCN Issued 01/05/05

• PCN paid late 15/06/05 and underpayment letter sent

• Enquiry/late Representation received; if it does not meet the criteria

then an appropriate late Representation letter is sent.

This should be amended to include payment information such as when

payment received and why the reason for lateness is not acceptable.

2.2.7 If the Complaint, Enquiry or Representation raises other points such as

the Charge Payment had been paid, Complaint about handling of case

etc then the response must also address these points and the

appropriate business rule applied. If this results in the cancellation of the

PCN then a refund must be sent.



CCS0000140731


Criteria to write off balance or request full payment

Reason or Excuse

for Late payment

Rule

Allow1 If the balance has

been written off

when case is

investigated.

This is regardless

of the reason

given.

Action

Send letter confirming balance written off but

received late. Advise of alternative payment

methods.

Reason Code: W007 WRITE OFF REDUCED

AMOUNT

Allow

Refuse

If cheque or credit card

slip dated after date of

PCN increase.

2 States payment

was sent in time

with no excuse or

reason for

lateness given

ensure rule 7- 9

are applied

Action – Write off

balance.

Send letter confirming

balance written off but

received late. Advise of

alternative payment

methods.

Reason code: W007

WRITE OFF REDUCED

Action

Send either Notice of

Rejection or amended

late Representation letter

(depending on stage

Complaint received at).

Advise of all dates.



CCS0000140731


AMOUNT

Allow

or

Letter from Royal Mail confirming no postal

problems

3 States delay in

Receipt of PCN

sent by us due to

Royal Mail

Action – Write off balance



methods.

Reason code: W007 WRITE OFF REDUCED

AMOUNT

Allow

or

Letter from Royal Mail provided or known (delay i.e.

postal strike).

4 States delay in

receipt of their

payment due to

Royal Mail




methods.


AMOUNT

5 Paid late because

moved house and

Allow



CCS0000140731


or

If proof provided or proof of mail forwarding provided

notices sent to old

address




methods


AMOUNT

Allow

or

If proof provided

6 Paid late as

prevent from

paying (i.e.

holiday, hospital

prison)




methods.


AMOUNT

Allow

If it is first instance of

such claim

Refuse

If a previous claim has

been made

7 Internal

administration

error

Action – Write off

balance

Action



CCS0000140731


Send letter confirming

balance written off but

received late. Advise of

alternative payment

methods.

Reason Code: W007

WRITE OFF REDUCED

AMOUNT

Send either Notice of

Rejection or amended

late Representation letter

(depending on stage

complaint received at).

Advise of all dates and

discretion given

previously.

Allow8 Payment received

in time (as per

date marked by

Post Room) but

delay in

processing

regardless of KPI

timeline


Send letter confirming balance written off and

apology.

Reason Code: W012, W013, and W014 if failure to

apply is outside of KPI and meets either QPI 9, 10 or

12 criteria. If not, W007.


in time (as per

date marked by

Post Room) but

payment not

allocated



apology.






CCS0000140731



in time (as per

date marked by

Post Room) but

allocated

incorrectly i.e. to

wrong PCN or

wrong amount

allocated



apology.






CCS0000140731


3 Hire Agreement Guidance (July 2004)

3.1 Overview

The aim of this section is to provide to the Enforcement Operations Service

Provider Representation and Appeal processing team’s additional advice and

guidance on how to process Representations.

3.2 Purpose

The document serves to ensure that the Representation and Appeals

processing teams have as much information as possible based around current

legislation. This then enables them to examine hire agreement critically to

establish if a Representation or subsequent Appeal should be accepted or not

when considering transferring liability, to give clarity on the reasons to use in

any Notice of Rejection and also what additional evidence should be

requested from the Customer if appropriate. This will support the improved

quality of decision-making.

3.3 Legislation

With regard to PCNs there are currently two (2) pieces of Legislation that have

relevance to the Congestion Charging Scheme and Hire Agreement.

The first piece of Legislation states what a hire agreement is; this is covered in

Section 66 of the Road Traffic Offenders Act 1988. This defines a hire

agreement and that the Vehicle concerned is let to the hirer for a fixed period

of less than six (6) months.

The second piece of Legislation is schedule 2 of the Road Traffic (Owner

Liability) Regulations 2000. This Legislation runs in conjunction with section

66 of the road traffic offenders Act 1988 and states what information has to be



CCS0000140731


recorded within a hire agreement at its outset (emphasis on at outset). It also

covers how extensions of hire agreements must be recorded and what has to

happen on the completion of a hire agreement. Compliance with the

Legislation by the hire company when agreeing to a hire contract will enable

TfL’s service provider to transfer liability. If the hire company’s agreements do

not comply with any aspect of the Legislation liability cannot be transferred.

This Legislation therefore allows decision-makers to use the information

contained within the agreement to decide if liability should be transferred away

from the Registered Keeper to the hirer or if the Enforcement of the PCN

should continue against the Registered Keeper/ Person Liable of the Vehicle.

It is important that the hire agreement is entered into by the Registered

Keeper / Person Liable (or a known subsidiary company).

To support the establishment of known subsidiary companies, TfL have been

in discussion with the BVRLA and FLA on this issue. To aid the identification

of relationships between the Registered Keeper / Person Liable and the name

displayed on the hire agreement, members of these organisations are to

complete a questionnaire which may lead to the Registered Keeper / Person

Liable/trading name details being accepted by TfL as a known subsidiary

company, all the details of which will be stored on a TfL-maintained database

which will be available to the Enforcement Operations Service Provider’s

Personnel.

TfL have spoken to the BVRLA and FLA about the failings of their members

who provide hire agreements that do not meet legislative requirements. To

this end guidance has also been provided to them on the issues raised in this

document so that they are aware of what the Legislation requires to be

included in their hire agreements. Given this therefore it is critical that Hire

Agreement cases are processed accurately and any Notice of Rejection



CCS0000140731


details exactly why the representation is to be rejected.



CCS0000140731


3.4 Implications of the legislation on decision-making

The legislation allows decisions to be made as follows:

(1) Liability can only be transferred where the hire agreement is for a fixed

period of less than six (6) Months; and

(2) Liability can only be extended where schedule 2 of the Road Traffic

(Owner Liability) Regulations 2000 is also complied with. These Regulations

state what must be in a hire agreement at its outset; in the event of extending

the hire agreement and at the point the Vehicle is returned. Whilst these are

listed below for information purposes, TfL does not require all of this

information to be provided as it is not required to process a Representation.

The items TfL require are identified in section 3 and on the hire agreement

check list attached:

Individual Hire:

(i) hirer’s name

(ii) date of birth

(iii) permanent address

(iv) driving licence, including

• country of issue (if not U.K.)

• serial number or drivers number

• date of expiry

• signed and dated

Company Hire:

(i) name of company

(ii) address of company



CCS0000140731


(iii) signed and dated

In all cases the hire agreement must provide details of:

(i) VRM of Vehicle hired under the hire agreement

(ii) make and model of Vehicle hired under the hire agreement

(iii) time and date of commencement of original hire date

(iv) expected date and time of expiry of original hiring period

Additionally:

Extensions of the hire agreement in all cases must be recorded specifically as

follows on the Vehicle hire firms copy as follows:

(i) time and date of commencement of authorised extension of hire period

(ii) expected date and time of expiry of authorised extension of hiring

period.

On the return of a Vehicle at the end of the Hire Agreement, the hirer must

record in all cases the actual return date of the Vehicle.

TfL Hire Agreement requirements

The information which the Enforcement Operations Service Provider will need

to give consideration to when dealing with Representations and Appeals is

outlined below. This represents what TfL considers to be the relevant parts of

the hire agreement that must be completed for the purpose of the Schemes

purposes. The reasons for this are given at each point.

VRM (including make and model):

This is required and allows TfL to clearly identify the Vehicle as the same

Vehicle captured in the Evidential Record and involved in the Hire Agreement

and subsequently for which consideration to transfer liability can be applied.



CCS0000140731


TfL may accept the hire agreement where only the model type only is

recorded on the hire agreement rather than the make and model including in

relation to the following models: fiesta, clio, 206, almera where these are

reflected in the Evidential Record, if and so long as these models are specific

to a manufacturer).

Name and address of the hirer:

This could be an individual or a company and must clearly identify who has

hired the Vehicle and to whom liability can be transferred in order to comply

with the Legislation.

The address should be post code validated. Even if the address cannot be

validated but is in an acceptable format (i.e. at least number/street/town) and

is not fictitious, the address should be used to re-issue of the PCN.

Date/time of commencement of hire:

This is the date and time at which the hire agreement is to commence. To

transfer liability any Contravention being considered must fall after this date

and time.

Date/time of expected end of hire:

This defines the agreed termination date/time of the hire agreement if different

from the actual return date and time of the Vehicle. A date and time are

required, where no date is recorded but the hire agreement has annotations

such as ‘will not exceed twenty eight days, three months maximum’ etc. will

not be acceptable to transfer liability. The reason for this is that they do not fix

the period of hire. Such cases must be treated as open-ended and therefore

cannot allow liability to be transferred.

Consideration must be given to the following:



CCS0000140731


TfL only currently requires the expected date of expiry of the hire agreement

to be recorded on the hire agreement, if there is no expiry time recorded this

should not prevent the hire agreement from being accepted. TfL considers

that if an expected return time is not shown, liability can be transferred for the

period of the hire less the actual due back date. Therefore where no due back

time is recorded the Service Provider is required to record in Enforcement

Operations System the end time of the hire as 23.59 on the day prior to the

expected due back date.

e.g.

Hire period runs from 9.00am 01 June 2006 to 07 June 2006. Enforcement

Operations System Registered Keeper/Person Liable screen should be

amended to show 9.am 01/06/06 to 23.59pm 06/06/06.

It follows that where the hire is for one day only liability cannot be transferred

when no due back time is present.

Therefore any Contravention being considered must fall before the due back

date and time (if stated), or as detailed above, except in the case of

authorised extensions (see note on authorised extensions below).

Signed statement of liability:

This must be provided as this demonstrates that the hirer has consented to

the terms and conditions of the hire agreement.

Thus confirms that the hirer is liable to any traffic/parking penalties incurred by

them (including Congestion Charge Penalty Charges), whilst the hirer of the

stated Vehicle. If a Statement of liability has been signed and all the other

parts of the hire agreement are complied with, then liability can be transferred.



CCS0000140731


The liability statement itself does not have to be on the main page of the hire

agreement and may be shown as a separate page, as the Legislation permits

this. It may be possible therefore to reject a hire agreement for failing to have

a signed statement of liability but the provided hire company provides a copy

by the ‘second Representation’ stage, this would be acceptable.

There is no specific format of wording which must be included, although it is

likely that the statement may refer to:

• Road Traffic Act 1988

• hirer acts as Registered Keeper / Person Liable for the duration of the

hire

• responsibility for traffic, parking and speeding violations

TfL will accept the statement of liability provided that it includes a statement to

this effect.

In addition to the above details, consideration has to be given to the three

points raised below:

Authorised Extension of Hire:

This is where the hire agreement is to be extended beyond the expected end

date/time of hire originally agreed. The Legislation requires that any agreed

extension must be recorded on the hire company copy of the original hire

agreement [to allow liability to be transferred]

The agreed extension must have a date/time of commencement of the

extension and an expected end date and time of the extension of hire. It is

possible more than one extension may be recorded on the hire agreement.



CCS0000140731


TfL after discussions with the BVRLA/FLA will now accept an extension if

recorded on an addendum sheet/second sheet (even if the addendum sheet is

unsigned) if the addendum:

(a) clearly references the original hire agreement; and

(b) records the start date/time and end date time of the extension. Note that if

the implied extension on the addendum shows an amended end date/time to

the original hire period it should be rejected as an extension and only the

original hire period should be accepted for the purpose of transfer of liability.

If an extension is correctly recorded upon the hire agreement and the

Contravention falls within the agreed extension dates, liability can be

transferred.

Note: If any extension(s) recorded on the hire agreement when added to the

original hire period mean that the Vehicle has been on hire for more than six

months, liability can still be transferred, provided the initial hire period is fixed

as stated for less than six months.

Actual return date and time of Vehicle:

This is the date the Vehicle is returned, which may or may not be known at the

time of the Representation depending on whether the hire continues. This is

not the expected end date of the hire, as the Legislation requires this is

recorded separately. Neither does it represent an extension to the hire

agreement if the Vehicle is returned after the expected end date of the hire

agreement as authorised extensions are required to be recorded separately

by the Legislation (see note on authorised extensions above).

Note: Where the hire agreement is initially completed electronically by the hire

company and printed off for signature, it is acceptable for the hire company to



CCS0000140731


record the actual return date of the Vehicle manually on the signed hire

agreement as this could not be done electronically having already been

printed off for signature.

(3) Change of Vehicle during the period of the hire agreement

If the Vehicle originally recorded on the hire agreement is changed during the

course of the hire agreement, then the hire company must record on the hire

agreement the date and time the change of Vehicle took place, with the

registration mark, make and model of the replacement car. This Vehicle

therefore becomes the hire Vehicle for the remaining period of the hire. If such

a vehicle is replaced but not recorded correctly, liability can not be transferred.

Decision making

To support the Service Provider’s decision making, TfL have produced a hire

agreement check list which is attached to this guidance, which should enable

the Service Provider to determine if the Service Provider has all the necessary

information to enable liability to be transferred. In the event of any doubt the

matter should be escalated through normal routes.

Requesting Additional Information

The decision should be supported by an appropriate letter correctly reflecting

the reason for the decision. It will be necessary for the Notice of Rejection to

state why the hire agreement is not sufficient to transfer liability.

The CSR must consider whether there is the need for additional information.

TfL has discussed this issue with the BVRLA/FLA and requested that hire

companies provide additional evidence to TfL as requested in the Notice of

Rejection for consideration under the second Representations process.

Clearly where a hire firm has provided a hire agreement at the



CCS0000140731


Representations stage that does not meet the legislative requirements

outlined at section 3 (1 to 5), (all of which should be completed at the outset of

the hire agreement), the Service Provider should not request the same hire

agreement to be re-submitted, as TfL will not accept amended/modified

evidence which has clearly been added to the hire agreement after it has

already been provided at the Representation stage. If the hire agreement was

not completed correctly at the outset, it must be treated as never being

capable of affecting a transfer of liability and therefore any corrections made

after submission to TfL to support a Representation will not be valid.

Note: It would be acceptable to request a Vehicle hire firm to provide a hire

agreement after they have provided a ‘computer history’ initially at the

Representations stage or for them to provide a statement of liability that may

not have been present at the Representation stage.

Second Representations

When a second Representation is received from a hire company as with all

second Representations, the information contained within it should be

scrutinised carefully. Any change of information should be treated as relevant

and the Representation should be re-worked. Examples may be a signed

statement of liability, Third party authorisation letters if the hire agreement was

rejected as Third Party, hire agreement with amended information (particular

consideration would need to be given to what has been amended) and hire

agreements provided instead of computer screen printout versions.

Additional Time for BVRLA Members

Further to the discussion with the BVRLA and FLA, their members have

indicated that due to their own processes, they are not able to return the

correct documentation to enable transfer of liability within the 28 day period

allowed by the Road User Charging Regulations.



CCS0000140731


To assist companies in providing the required documentation, TfL has agreed

to the following:

• representations from a hire company that is a BVRLA member may be

made up to fifty six days from the date of issue shown on the PCN and

will not be considered late if it is submitted within this period. Hire

companies have been made aware that TfL would still issue a Charge

Certificate after the twenty eight day period.

• provided the Representation includes all the required evidence, liability

will be transferred to the hirer even if late.

• those Representations that are received late, i.e. after the issue of the

Charge Certificate, and that do not contain the correct documentation

to allow liability to be transferred, will be refused on late grounds and

therefore do not have the right of Appeal.

NO APPEALS FORM MUST BE SENT

Summary

Liability can be transferred where all the above criteria are met by the

applicable hire agreement.

In addition to this, the Contravention must fall within the dates, specified

above and any extension periods if recorded as outlined at above. Under

current Legislation the term of the hire must be fixed for less than six months.

Liability cannot be transferred where any point at section 3 (1 to 5) above is

not met, the Contravention falls outside points section 3 (3 to 4), or any

extension period as outlined at section 4(1), or the hire is for a period of 6

months or more.



CCS0000140731




CCS0000140731


Hire agreements must contain the following information:

When hired by a private individual:

(i) hirer’s name,

(ii) date of birth,

(iii) permanent address,

(iv) driving licence, including

• country of issue (if not UK),

• serial number or drivers number

• date of expiry.

• signed and dated

When hired by a Company

(i) Name of Company

(ii) Address of company

(iii) Signed and dated

In all Cases:

1. VRM of Vehicle hired under the hire agreement, (see notes re change of

Vehicle).

2. Make and or model of Vehicle hired under the hire agreement.

3. Time and date of commencement of original hire agreement.

4. Expected date and time of expiry of original hiring agreement.

5. Actual date of return of Vehicle.

If the original hire agreement is extended, the hire firm’s copy should have

recorded upon it:



CCS0000140731


1. Time and date of commencement of authorised extension of hire period.

2. Expected date and time of expiry of authorised extension of hiring period.

Note:

• Hire agreement should be entered between the Registered

Keeper/Person Liable and hirer

• Computer screen-print out of the history of the hire showing hirer’s

details, dates of hire etc. from a hire company is not acceptable unless

accompanied by the signed statement of liability.

• Hire agreement (or authorised extension period) must cover the

Contravention date(s).

• It is not acceptable for the hire company to say hire will not exceed

twenty eight days, or three months or similar.

• Hire agreement must be for a fixed period of less than six (6) months,

(the six (6) months period should be taken as calendar monthly) e.g.:

• Period of hire: 29/09/03 to 28/03/04 exactly six (6) months’ hire,

therefore liability cannot be transferred.

• Period of hire: 7/08/03 to 5/2/04 less than six (6) months hire, liability

can be transferred.

london road user charging agreement schedule 2 enforcement

Documents