A DARLINGTON businessman has been stunned to receive a congestion penalty charge for allegedly driving through London in his ice-cream van.

Ian Pritchard, who operates Ian's Ices throughout the town, is objecting about having to write to the Transport for London group to appeal against the £40 fine.

He says it should be clear it would be ridiculous for him to drive his ice-cream van all the way down to London.

Mr Pritchard received a letter saying that a Ford Transit van bearing his van's registration number was seen in Victoria Street on the morning of August 13 and that he had failed to pay the regulation charge.

The penalty is £40, which will increase to £80 and then £120, after which it will be registered as a debt in the county court.

He said: "It is annoying because I have spoken to them on the phone and told them I haven't been in London, but they say they need it in writing. I've told them it is an ice cream van, but they don't seem to accept it.

"Why should I go to the expense of writing back to them when I haven't done anything wrong?"

A spokesman for Transport for London apologised if there had been an error.

He said it could be a member of the public making a genuine mistake, or someone wilfully giving the wrong registration number to avoid paying a fine.

He said: "I would very much advise him to respond in writing for his own peace of mind. I quite understand and apologise for any inconvenience, but if it is not challenged we have to pursue it because we are not going to be aware of his individual circumstances."