London Banter - View Single Post - Legal challenges and congestion charging for 30 second journey leaving zone?

umpston · December 1st 03, 01:32 PM posted to uk.transport.london,uk.legal

(Nick) wrote in message . com...

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.

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.

Regardless of the 'natural justice' of your agument I don't think you
have any sort of legal case. There were legal challenges to the
scheme before it went in but they failed. The Government has passed a
law legalising the principle of Congestion Charging Schemes - and
leaving the details up to local authorities. Sir Kenneth (the local
authority in this case) has, after carrying out public consultation,
brought in a scheme in accordance with that law.