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Vehicle tax class changed before the charge date

Your vehicle's official tax category — such as disabled, historic, or specialist — can affect whether a clean air zone charge applies to you. If your category changed before the date of the alleged charge, but the council or TfL's records still showed your old category, they may have charged you incorrectly. The category your vehicle actually held on the day of the alleged offence is what should count.

Legal basis

Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 (S.I. 2013/1783) regulation 8(3)(e) — representations that "no road user charge or penalty charge is payable under the charging scheme" — with regulation 8(2) allowing 28 days from service; in Greater London the equivalent is Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313) regulation 13(3)(c). Vehicle Excise and Registration Act 1994 for the vehicle's tax class; the relevant CAZ, LEZ or ULEZ Charging Order, which sets which classes are chargeable and which are exempt.

How to identify this in your case

V5C shows tax class change preceding contravention, but enforcement system used old class.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

To: [TfL/Council] [ULEZ/CAZ/LEZ] Team Re: PCN [PCN_NUMBER] My vehicle's DVLA tax class changed to [disabled/historic/specialist] on [DATE_CHANGE], before the contravention date of [DATE_PCN]. V5C extract enclosed. Under the relevant Charging Order, vehicles in this class are exempt. The enforcement system has used outdated DVLA data. Please cancel and reconcile. Yours faithfully, [Keeper Name]

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Sources

  • VERA 1994
  • CAZ/LEZ/ULEZ Charging Orders

Related appeal grounds

Next steps

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