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Old December 5th 03, 04:20 PM posted to uk.transport.london,uk.legal
deja user deja user is offline
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First recorded activity at LondonBanter: Dec 2003
Posts: 2
Default Legal challenges and congestion charging for 30 second journey leaving zone?

You mean you were not paying sufficient attention to see whether there were
any "C" signs at the entrance to this "alleyway"? Are you sure you didn't
go through any red lights or down one-way streets the wrong way as well?


While I don't appreciate the tone of your reply, when I get lost
sometimes (and I still do in parts of London), I'm not 100 focused on
looking for the "C" signs. Fortunately, I do keep an eye out for red
lights and one-way signs, pedestrians etc. I don't think the "C" ranks
on the same scale in terms of importance. I'm sure if you took a look
around the zone, there would not be 100% complete coverage if you were
taking the very small roads into account.

I'm sure from a jurisprudence perspective, this is illegal.


Why are you sure? What law do you think is being broken?


I said jurisprudence, maybe I was using the wrong word. Basically in
principle, I am confident that this is illegal (to say to someone that
they have to pay up or pay a fine, but if they have not used the
service, that they're entitled to no refund). I was expecting the lady
to say she'd make a note on the account, and if it turned out I hadn't
used the service I'd receive a refund on my credit card.

I think it's time someone took TFL to court and addressed these
issues. I'm happy to pay my charge, but it's anathema to me to have to
pay for a service I may have not used under duress.


Not sure where the duress comes in. You failed to notice whether you
entered the zone. Hardly TfL's fault.


Touche. If I were to adopt the same line of argument, I could argue
that TfL have not put up a sufficient number of notices etc that I as
a driver, while paying due attention to pedestrians, red lights, and
one-way-signals could take notice of the "C". Of course, that's just
me being childish in response to your rather sarcastic reply. Duress
is that if you don't pay now, you pay £40 later, even if you don't
know whether you've been in the zone or not.

I think the system is good, but monthly billing, and a fairer approach
towards matters of the above mentioned nature are in order. We're
innocent till proven guilty in this country, why should I have to pay
a charge for a service I may not have used?