ULEZ Payment Mistake: Request TfL Exercise Its Discretion

For a ULEZ PCN where you paid but entered the wrong registration or the wrong date, or Auto Pay failed. This is deliberately NOT pleaded as a statutory ground, because it is not one: in Walmsley v TfL [2005] EWCA Civ 1540 the Court of Appeal held an adjudicator cannot cancel on a genuine mistake, on almost identical facts. It is a request to TfL, which the same judgment confirms holds that power, and it asks TfL to say which part of its discretion policy it applied. Includes the Dolatabadi limb where TfL gave you information you relied on.

£15

LONDON ULEZ PENALTY CHARGE NOTICES ONLY.

DO NOT USE FOR: a Clean Air Zone outside London (Birmingham, Bristol, Bath, Sheffield, Bradford, Tyneside, Portsmouth). Those run on the Transport Act 2000 and SI 2013/1783, the grounds are different, and the appeal goes to the Traffic Penalty Tribunal, not to London Tribunals. Also not for council PCNs, red routes, bus lanes or private parking charges.

DEADLINE: representations must reach TfL within 28 days of the date the PCN was served.

Do not pay the discounted amount if you intend to challenge. Payment ends the dispute.

READ THIS FIRST. IT IS THE WHOLE POINT OF THIS LETTER.

DELETE THIS BOX BEFORE SENDING.

This is NOT one of the six statutory grounds, and this letter does not pretend it is.

If you paid but typed the wrong registration, or paid for the wrong day, or your Auto Pay failed because the vehicle was never added or the card had expired, an appeal to the adjudicator will fail. That is settled, and it was settled on facts almost identical to yours. In Walmsley v Transport for London [2005] EWCA Civ 1540 a driver bought a licence online and entered the registration of her previous car. The Court of Appeal held the adjudicator had no power to cancel the penalty.

What still works is asking TfL itself, because the same judgment confirms TfL holds that power. That is what this letter does, and it says so openly. Anyone who sells you this as a legal ground is either mistaken or not being straight with you.

Send this to TfL. Do not take it to the adjudicator as a ground of appeal.

[YOUR FULL NAME]

[YOUR ADDRESS LINE 1]

[YOUR ADDRESS LINE 2]

[YOUR POSTCODE]

[YOUR EMAIL ADDRESS]

[DATE]

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What's included

Complete letter with all applicable grounds for this charge type
All statutory references cited by section, schedule, and paragraph
Relevant case law where applicable
Modular [DELETE IF NOT APPLICABLE] sections so the letter fits your case
Scope note and completion checklist included
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UK law. Current case law.

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