Rotherhithe Tunnel fine

[Mark Sanderson]

Hi, I received a penalty notice from Transport for London for driving through the Rotherhithe Tunnel last month. The rules say there is a limit of 2000kg on the tunnel, however the GVW of my Citroen Berlingo 625 1.6 Enterprise is 1945kg - and well within the maximum dimensions.

I was forced to pay the fine as the deadline was approaching by the time I received the paperwork, but TfL won't respond to a written appeal that they've got it wrong.

Accepted that some models of Berlingo are over 2000kg, but mine isn't. Has anyone else come up against this issue, either in the Rotherhithe Tunnel or any other jurisdiction?

If we find it's happened to others, there are bound to be lots of vans that are in a similar position and have been erroneously fined by TfL. 

Look forward to hearing if there are others that have checked their GVW against fines?

Thanks  

[oilyrag]

What does your V5 say in terms of weights ?   Also if you have right on your side and documentary proof then, in the absence/inadeqaute  response from TfL you can put your case to the Ombudsman at no cost. 
Are you sure that you paid a Bona Fide fine - I get fines emailed to me occasionally about similar things from the UK - but I live in Ireland and the fines are spoof, but folk rush to pay them to get the discount!

[Mark Sanderson]

Thanks Olly, the V5 says 1945kg - so will pursue. It's £80, but it's more the principal of how many others have ben fined if TfL just take a standard weight for the vehicle type. It's just hassle. Not denying it - they sent the camera pictures etc.
If we do get a positive result will post a message for others to be wary in the future.
Cheers

[oilyrag]

That's good - send a copy of the V5 and any other supporting documentation (pic of any vehicle load data if on door frame etc.). State that they are incorrect and that you paid the fine as per their instruction, but you are now aware that you were not obliged to do so. Ask for a full refund or evidence that they are actually correct in issuing a fine. State that you will provide them with 14 days to provide and if you have no response then you will pursue the matter with the Ombudsman without further notice. Send by registered post.
Good luck!

[Mark604]

Also demànd that if the money is not returned in the 14 days (or however long they give you to their deadline) the refund amount will double (or whatever their penalty is).

[oilyrag]

As much as that appears 'fair' Mark, it is not something that the Ombudsman is likely to support and taking a line that asks for no more than had been paid out is (sadly) more likely to be successful.  
An alternative and it may come to this, is the Small Claims Court, but the sum involved hardly warrants this. The Ombudsman route is lengthy, but no risk. The Small CC is quicker, but you'll risk the court fee - if it goes against you, you lose that and not recover the fine. If you win that and the fine gets paid.

[Mark Sanderson]

Agree, not actually looking to 'make' anything out of this. It's purely the matter of principal that they have presumably lumped all the Berlingos in together on the weight, when not all the models are the same. In retrospect should have lodged an appeal at the time, rather than paying up and seeking redress. But we'll see what happens. Cheers

[Mark604]

You are probably right if going through an Ombudsman, never something I've had to do as with the complaints/mistakes I've had to deal with over the years have been with the company/entity directly. I have had success in getting compensation a number of times with banks, airlines and some official bodies by notifying them I will apply the same standards to them that they apply to me and expect them to uphold them.
It's not the extra money, it's the principle.
Good luck in any case.

[Mark604]

By the way, stupid question, what did they say when you rung them?
Also, this company, Resolver, I've used half a dozen times to settle disputes and always in my favour -
https://www.resolver.co.uk/companies/tra...ct-details

[split rivet]

They use the gtw gross train weight,which are all over 2 tonnes, a complete rip off...........