3. Dart PCN, 'First Time'
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northwalian

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Dart PCN, 'First Time'
« on: April 03, 2024, 10:48:35 am »
Hi all
I received a Dart PCN this morning. Image linked below.

I live in North Wales, and have never taken the vehicle within 100 miles of the crossing. I checked my google timeline as this was so far back so needed a jogger, the vehicle was parked at home and I was out in the village running at the time of the event.

The pictures are not clear being thumbnails and darkness, however on the paper copy the registration can, with difficulty, be made out. It looks like the number has been misread - the penultimate letter looks like a Y rather than mine, a V.

The DVLA has that vehicle the same as mine, a Focus, black whereas mine is blue.

As a 'first occasion' they just ask for £2.50, which would be a simple way to get rid of it but if it does happen to be a cloned plate then it will re-occur.

So my question is how do I proceed by challenging. Are better photos available to me? It was certainly not my vehicle. In challenging, do I have to select option "Other" and add a covering letter? Would sending a PCN after misreading a VRN be a PI?

Do they really have so long to send these out after an alleged event?

Thanks for any help

https://imgur.com/a/AihG1MD
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Incandescent

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Re: Dart PCN, 'First Time'
« Reply #1 on: April 03, 2024, 11:15:33 am »
There is no time limit in the legislation for service of a PCN but they have a common law duty to act fairly and expeditiously. Clearly they haven't in your case.

However, leave that for now. At the moment, I think your best option is to contact their help line to explain that they appear to have misread the number plate, therefore would they please cancel the PCN, and look again at their photos of the vehicle. They can do this at any time in the process, and there is nothing to stop them sending a new PCN to the other registration you identified, which just  happens to be another Ford Focus.  However, if you get nowhere, then you need to submit representations on the lines of your narrative here.

If they still prove unyielding, then register an appeal at the Traffic Penalty Tribunal where I have no doubt you would win your case.
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cp8759

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Re: Dart PCN, 'First Time'
« Reply #2 on: April 03, 2024, 05:57:08 pm »
@northwalian can you give us the PCN number please?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
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northwalian

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Re: Dart PCN, 'First Time'
« Reply #3 on: April 03, 2024, 06:51:48 pm »
Thanks both. I followed the advice of incandescent (I originally saw the phone number but assumed it was an automated payment line only).

Operator at first insisted it was my car, it looked like my car, etc. When I pointed out what I read the VRN as, I was put in hold for a good 15 mins, and returned with "I've blown up the photos and it's not that clear and could be either" but has cancelled the PCN and offered "apologies for the error"

By apologising for an error that they hadn't admitted happened implies to me that it was indeed a read error.

I've checked the gov website and my vehicle now has no PCN against it (and neither does the other reg)

@cp8759 do you still need the PCN No.?

Thanks again
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cp8759

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Re: Dart PCN, 'First Time'
« Reply #4 on: April 03, 2024, 08:54:19 pm »
If the PCN has been cancelled then we don't really need it any more, you can either bin or frame it  :)
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Incandescent

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Re: Dart PCN, 'First Time'
« Reply #5 on: April 04, 2024, 12:36:40 am »
So it appears that DART under their new management are still behaving reasonably. I did fear that they would go in with heavy boots.
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