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Old November 26th 03, 09:05 AM posted to uk.transport.london,uk.legal
PeteM PeteM is offline
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First recorded activity at LondonBanter: Nov 2003
Posts: 1
Default Legal challenges and congestion charging for 30 second journey leaving zone?

Nick averred
In principle I've been agreeing with the congestion charge, but that
was until I was caught in this trap. On an evening and outside zone
hours I would like to drive to my g/f's flat that's inside the zone by
about 100 yards drive.


:-)) You were all in favour of the congestion charge, right up to the
moment when you found out it wasn't just Other People who were going to
have to pay it ...!

In the morning I would leave the private car
park, enter the zone to drive 30 seconds or even less on a deserted
side street to reach the zone exit and enter a dual lane main road
with no problems and not affecting the almost non-flow of traffic on
that particular road. Not believing that I'd have to pay 5 pounds for
the privilege of my negligible zone journey to exit the zone I've not
only one fine so far (unjust but I can live with it), but the prospect
of upwards of a thousands pounds or more. This is patently unjust and
I wonder how the scheme handles these cases. Any experiences? At a
pinch perhaps one would be elligible for a residents discount although
for someone technically not a resident, on the face of it probably
not.

From a legal standpoint, is anyone aware of any test cases so far that
challenge the reasonableness of a fixed charge? Charging the same of
someone making essentially a non journey and someone spending all day
driving in the zone, adding to not only congestion of traffic but also
that of street goers lungs from polution seems contestable and
unreasonable on the basis of any tests of reasonableness.


What a pity you didn't make that objection before you realised the
charge would apply to you. Then your objection wouldn't have been open
to the criticism of special pleading.

Perhaps the charging system should only charge if a driver is within
the zone for more than a certain period of time, and if entry to the
zone was not on file when recording a zone exit before a certain time
in the morning then no fee should be charged. This would probably not
reduce revenue much and be considerably more reasonable.


I too have an idea to make the scheme more reasonable. The congestion
charge should apply to the whole of central London, *except* the route
up Kennington Road and York Road, across Waterloo Bridge, through the
Aldwych, then up Kingsway and Woburn Place and so to Euston Station.

By an extraordinary coincidence I often drive along just that route
myself. But that hasn't influenced my opinion at all.

--
PeteM