The Chamberlain of London politely refunds me but admits no wrongdoing

I successfully appealed my PCN from the City of London on the grounds that the letter they send out is mathematically misleading.

The letter threatens to increase the £65 charge by 100 per cent if not paid within 14 days but neglects to explain that if the driver mounts a challenge then the 14 grace period restarts from the point at which the City of London recieves the letter as explained on the authority's website.  

Not content with doubling the charge the letter then threatens to tripple it if not paid within 28 days which it describes as a "50 per cent increase" when I actually make it a 200 per cent increase.  This achievement in sophistry is achieved by arguing that the charge is actually £130 and will be discounted by 50 per cent if paid within 14 days and increased by 50 percent if not paid within 28 days.  Whereas in all practical terms the charge is £65 - trippled if you don't pay within 28 days.   

I also argued that the letter is wrong under the terms of Wednesbury unreasonableness because it claims that a charge can never be reversed once paid which denies the agency of the City of London in cashing the payment and argued that since I had sent them a physical cheque which is a push-pull transaction then they must have exercised invidiual agency during the act of cashing it and that it is not legal for an authority to deny responisbility in this way.

The Chamberlain of London says he is very sorry but he has no control over the wording of his letters - they are entirely dictated to him by Act of Parliament...

City of London PO Box 270, London EC2P 2EJ
Switchboard 020 7606 3030
www.cityoflondon.gov.uk
DX 121781

Penalty Charge Notice (PCN): CL55350099
Vehicle Registration: GK13BZF
Department of the Built Environment
Carolyn Dwyer BEng (Hons), DMS, CMILT, FCIHT
Director of the Built Environment
Telephone 020 7332 3366
Minicom 020 7332 3545
Fax 020 7332 3776
Email pto@cityoflondon.gov.uk

Our ref CL55350099
Case Officer
S McGregor

Dear Mr Miller

Thank you for your communication in relation to the above PCN. Your email has been
passed to me to respond as the relevant manager. I apologise for my delay in replying.
I appreciate your frustration with the PCN letter sent to you. The wording on that letter is
prescribed by law so we are limited on the information we can put on the letter. The reason
the discount rate exists is to encourage motorists to pay without challenge and to reduce
administration on both sides. In practice most, but not all, local authorities will keep the case
at the discounted rate whilst dealing with any challenge from the PCN recipient. This is the
most practical approach we can take within the legislation and it is not deception.
In relation to conditional payment, unfortunately this is also not permitted by the regulations.

The payment address is in Sheffield and the appeal address is in the City of London. Payment
is an acceptance of liability so our contractor in Sheffield will simply present the cheque
which is why we have a clear notice on the PCN which says to not pay if you wish to
challenge the notice. It would take Parliament to change the legislation for our notices to be
clearer.

I have however reviewed your case and cancelled it under the terms below. The refund
should already be with you. Please let me know if it is not.

The PCN was issued to the above vehicle for failing to comply with a prohibition on certain
types of vehicle (motor vehicles) - only buses and pedal cycles allowed Monday to Friday
between 7am and 7pm. This is because the above vehicle has been seen to have passed
through a sign prohibiting certain class of vehicle from accessing Bank Junction during the
restricted time(s).

Since Monday 22 May 2017, the ‘Bank on Safety’ experimental traffic scheme, aimed at
reducing collisions and improving road safety, became operational meaning that only buses
and pedal cycles are able to cross Bank Junction, Monday to Friday, between the hours of 7am to 7pm. Other vehicles will be rerouted via advanced warning signs on the
approaches to the area and the junction.

The Court of Common Council approved a report on 13 September 2018 that
recommended making the experimental scheme permanent and as of 25 September 2018
the scheme came permanently into operation.

The Bank Junction comprises the approaches of Princes Street, Threadneedle Street, Cornhill,
Poultry, Lombard Street, King William Street and Queen Victoria Street.
Blue bus and cycle only signs are displayed at the entry points of the restriction. Advanced
directional signs are also in place to give advance warning to the restriction to further assist
with alternative routes.

A further selection of maps and information regarding the restriction including loading areas,
vehicle length and access routes to each of the approach arms can be found at
www.cityoflondon.gov.uk/bankonsafety.

Having given consideration to your case, I have taken the decision to cancel the PCN as a
gesture of goodwill and a warning of the restrictions in place.

I would add that this should not be viewed as a precedent for any future cases as we look
at each and every case individually upon its merits.

Furthermore, the City expects all drivers to comply with any restrictions that are in place and
should you receive a PCN in similar circumstances it may be enforced.