Outstanding congestion charges by embassy

The request was successful.

Dear Transport for London,

I am writing to request information on the level of unpaid Congestion Charge for foreign embassies in London. I understand that information on the total amount owed by all foreign embassies was given to the Liberal Democrat group on the London Assembly (http://www.glalibdems.org.uk/en/article/...). I should like to know the amount not paid by each of the embassies located within the congestion charge area.

Yours faithfully,

Chris Hanretty

FOI, Transport for London

Our ref: FOI-0382-1011

Date: 07.02.2011

Dear Chris

Thank you for your email received by Transport for London (TfL) on 7
January 2011 asking for information about the Congestion Charge payments
owed by foreign embassies.

Your request will be processed in accordance with TfL's Freedom of
Information Act 2000 procedure and a response will be provided to you by 7
March 2011 in accordance with the Act.

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

Corporate Governance Directorate

General Counsel

Transport for London

[1][TfL request email]

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FOI, Transport for London

2 Attachments

Our ref: FOI-0382-1011

Date: 07.03.2011

Dear Chris

Thank you for your email received by Transport for London (TfL) on 7
February 2011 asking for information about Congestion Charge payments owed
by foreign embassies located in the Congestion Charging zone..

Your request has been considered under the requirements of the Freedom of
Information Act 2000 and I can confirm that TfL does hold the information
you require.

The latest report of Embassy Penalties produced by TfL includes data up to
and including 4 February 2011. A copy is attached and provides details of
the outstanding Penalty Charge Notices (PCNs) for embassies located within
the Congestion Charge zone and the monetary value.

It is accepted that the Diplomatic Privileges Act 1964 and the Consular
Relations Act 1968 (which give the force of law to the Vienna Convention
on Diplomatic Relations 1961 and the Vienna Convention on Consular
Relations 1963) each serve to exempt diplomats and consular officials from
certain charges, but it is not accepted that the Congestion Charge falls
within those exemptions.

The Congestion Charge is not a tax but falls within the scope of Article
34(e) of the Vienna Convention on Diplomatic Relations 1961, in that it is
a charge for specific services rendered. The £10 Congestion Charge
(reduced to £9 if on Auto Pay) therefore needs to be paid for each day
a vehicle travels within the Congestion Charging Zone during operational
hours. Save for the specific privileges and immunities conferred by the
1964 and 1968 Acts, diplomatic and consular officials and their families
are subject to the general laws of the United Kingdom and are not entitled
to general exemptions from those laws. While some embassies have
previously raised objections about paying the Congestion Charge, diplomats
and consular officials and their families, engaged on official business or
otherwise, are not exempt or entitled to a 100 per cent discount from the
Congestion Charge.

I would like to point out that despite publicity regarding diplomats
protesting the Congestion Charge, the vast majority of Embassies do in
fact pay the Congestion Charge as they are required to do. Only a minority
refuse to pay the charge. The Mayor and TfL are committed to engaging with
the Embassies in a proactive manner in order to seek a resolution to this
matter.

If this is not the information you are looking for, or if you are unable
to access it for some reason, please do not hesitate to contact me.

If you are not satisfied with this response please see the attached
information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

Corporate Governance Directorate

General Counsel

Transport for London

[1][TfL request email]

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Kwame Opoku left an annotation ()

The three paragraphs below may well be TfL's opinion and position, but they are disputed, in particular by embassies not paying the Congestion Charge, notably the US Embassy.

They also were not asked for in the original FOI, and constitute TfL seeking to broadcast their position on this.

TfL should be asked what are the "specific services rendered" for which the Congestion Charge "is a charge".

For example, what benefits accrue from payment as oppose to non payment?

In reality, the Congestion Charge is a payment for a licence to drive a vehicle on specified roads at specified times, and is somewhat analagous to the road tax, which gives licence for the vehicle to be on the road.

--

It is accepted that the Diplomatic Privileges Act 1964 and the Consular Relations Act 1968 (which give the force of law to the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963) each serve to exempt diplomats and consular officials from certain charges, but it is not accepted that the Congestion Charge falls within those exemptions.

The Congestion Charge is not a tax but falls within the scope of Article 34(e) of the Vienna Convention on Diplomatic Relations 1961, in that it is a charge for specific services rendered. The £10 Congestion Charge (reduced to £9 if on Auto Pay) therefore needs to be paid for each day a vehicle travels within the Congestion Charging Zone during operational hours. Save for the specific privileges and immunities conferred by the 1964 and 1968 Acts, diplomatic and consular officials and their families are subject to the general laws of the United Kingdom and are not entitled to general exemptions from those laws. While some embassies have previously raised objections about paying the Congestion Charge, diplomats and consular officials and their families, engaged on official business or otherwise, are not exempt or entitled to a 100 per cent discount from the Congestion Charge.

I would like to point out that despite publicity regarding diplomats protesting the Congestion Charge, the vast majority of Embassies do in fact pay the Congestion Charge as they are required to do. Only a minority refuse to pay the charge. The Mayor and TfL are committed to engaging with the Embassies in a proactive manner in order to seek a resolution to this
matter.