GUILTY UNTIL PROVED INNOCENT

For Penny and Robert Baker, the start of London's controversial congestion charges meant very little. After all, the couple, of Chaddesden, live 130 miles from the Big Smoke and haven't visited it in 14 years. Yet in March they were amazed when a letter arrived from Transport for London, the company behind the congestion charge, fining them £40. On March 17, the couple said they were in work all day and their car was parked outside their Derby home.

But Transport for London said their car was photographed in the Tower Hill area of London and they had failed to pay the congestion charge. The couple complained but their appeal was rejected. In an effort to prove that it was a case of mistaken identity, the Bakers asked to see the proof that the transport company were using to fine them - but they would have to pay £10 for the privilege.

Transport for London said that the cost of viewing the photographic images would be refunded if the couple's next appeal was successful. Mr and Mrs Baker suspect that either a simple mistake had been made or that someone else was using their registration number illegally. They informed the police and the DVLA of their suspicions, but as there was no other vehicle registered with their number no action could be taken. They then had to complete a second appeal procedure to go to an independent tribunal.

They had to send letters from their employers stating that they were at work on the day they were supposed to have been in London. Statements from neighbours saying that they had seen the couple's car parked in their Chaddesden driveway on the day were also submitted. Mr and Mrs Baker were all set to plead their case to a tribunal when they received a letter saying that they did not have to pay the fine.

A spokesman for Transport for London said that the charge was probably the result of human error. He said that the second appeal did not go to a tribunal because the paperwork sent in was enough to convince them that it was not necessary. He added, "This would have been a one-off mistake. The charge was issued in error and we apologise to the couple for any inconvenience caused."

Another Derbyshire motorist faced a similar problem. Retired Baptist minister Roy Plant of Swanwick, received a similar letter in March. Mr Plant received an apology from Transport for London after it became clear he was actually having breakfast at home at the time the authority claimed he was seen on camera in the capital.