3. Dart Charge- Notice of enforcement, no previous correspondence
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Dart Charge- Notice of enforcement, no previous correspondence
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Cross posted on advice from PePiPoo:

Firstly thank you for any/all help you can provide.

I received a Notice of Enforcement dated 13/09/23 today asking me to pay 191.50 for a Dart Crossing on 24/12/2022.

I(stupidly) thought I had paid the charge on the day but entered the wrong verification code on my app. Once I discovered this I paid again on the 30th Dec 2022. Unfortunately this was outside of the 24hr period and was my first time using the Dart crossing. I have a screenshot to verify this but unfortunately don't think it will help as it is on me.


I have received no previous correspondence relating to this contravention. I moved out of my previous address before Xmas, spent my Xmas on a military base working and retuned to move to a new address in early Jan 2023. I updated the DVLA V5C via website on 6/01/2023. All correspondence prior to this notice was sent to my old address. The PCN was sent on 06 Jan 23 (THE SAME DAY I CHANGED MY V5C!!!!) The last day I checked my old address for post was 03 Jan 23.... 


On the website I can see no outstanding PCN for my REG so assume that this is because it has no gone to Enforcement.

Do I have a leg to stand on submitting an OOT /TE7 in accordance with these posts http://forums.pepipoo.com/index.php?showtopic=136467 and http://forums.pepipoo.com/index.php?showtopic=137202

This would be on the basis that the time change between contravention and address change was; a) pretty damn unfortunate and b) 13 days (would have thought PCN would have taken longer than this to arrive) and c) No other correspondence sent to updated address? and finally d) the reason I was in between houses on my V5C was because I was having to spend time over Xmas on a military base with no guarantee of receiving any post!

Any assistance would be much appreciated.
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #1 on: »
my answer from PPP
OP has also been informed by Dart that the PCN was sent the same day 6/1/23 that they updated their V5c

You have what is as close to a winner as we will ever see with an Out of Time request.
Partly because you did change v5c in reasonable time and partly because it is Dart and they are generally reasonable.

No arrangements for post forwarding or collection??

The TE7 is straightforward, you simpy tick the box that says no PCN received and sign it.
The OOT is more complex and people often muck up.
Do not send anything without running a draft past us first.
Ignore why you did not pay in good time.
The sailient points are that you did not receive any of the statutory notices due to an unfortunate crossover on timing.
Moved out of accommodation ??? date
Spent Christmas on military base working (military personnel? in Uk or overseas?) and presumably finding new accommodation??
Moved into new place ?? date
Updated V5c ?? date
Could not update earlier as new address not known.
Post forwarding arrangements help but do not lie, leave any comment on them out if none made.
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #2 on: »
Regarding the TE7 seen here https://www.gov.uk/government/publications/apply-for-more-time-to-challenge-a-traffic-enforcement-order-outside-london-boroughs-or-a-parking-charge-in-a-london-borough-form-te7

There is a section to provide a reasoning for out of time- is this the OOT section that you are referring to? There is unfortunately no box to tick for did no receive so I assume I am required to provide the rational and explanation for the delay?
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #3 on: »
There are two forms, The TE7 to request OOT, the other is the TE9 Witness Statement. On the TE7 you're asking to submit OOT, so must put some explanation why. 
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #4 on: »
Quote from: Kitchen Place on September 22, 2023, 12:06:49 pm
Regarding the TE7 seen here https://www.gov.uk/government/publications/apply-for-more-time-to-challenge-a-traffic-enforcement-order-outside-london-boroughs-or-a-parking-charge-in-a-london-borough-form-te7

There is a section to provide a reasoning for out of time- is this the OOT section that you are referring to? There is unfortunately no box to tick for did no receive so I assume I am required to provide the rational and explanation for the delay?
Yes, he just got the form titles muddled.
but you MUST show your draft for the TE7 here before sending it.
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #5 on: »
Draft TE7 below:

"I first became aware of the contravention when I received a Notice of Enforcement letter from CDER group dated 13/09/2023, over 9 months after the contravention occurred. I did not receive the PCN or any subsequent notices as they were all sent to the incorrect address.

I telephoned Dart on 22/09/2023 to confirm the address the letters were sent to and they confirmed they had been sent to my old address (OLD ADDRESS).

I moved out of this property on 11/12/2023 and moved into military accommodation on UK  national tasking(address) for which postage was not an option as such I kept my postage to my previous address and arranged to regularly collect any post when in the area (occurring last on 03/01/2023). I moved into my new address (NEW ADDRESS) permanently on 03/01/2023. I updated the DVLA via web update as to my new address on 06/01/2023. The PCN for the contravention was sent on 06/01/2023, the same day my DVLA address was changed. There was no further notification of any post required to be collected from my previous address (post forwarding details had been left with the tenants) as I believed all addresses had been changed from this point I did not visit my previous property again to collect any further correspondence.

I believe it is unfortunate timing that my first opportunity to pay the charge was when it had already been passed on to CDER Group enforcement agents who issued the Notification of Enforcement. I therefore request that the warrant obtained by CDER Group is revoked and the original PCN is reissued to my current address so that I am given the opportunity to pay the original penalty charge, minus the additional enforcement fees."

Any feedback would be welcome!
« Last Edit: September 22, 2023, 04:03:34 pm by Kitchen Place »
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #6 on: »
Needs a litle tidying.
Salient facts are there but needs a little positive spin
If no one else has I'll take a stab at it later.
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #7 on: »
Quote from: DancingDad on September 22, 2023, 04:08:12 pm
Needs a litle tidying.
Salient facts are there but needs a little positive spin
If no one else has I'll take a stab at it later.
Happy to leave it to Dad. It's a bit windy is my major gripe.
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #8 on: »
Quote from: Neil B on September 22, 2023, 05:02:15 pm
.........
Happy to leave it to Dad. It's a bit windy is my major gripe.
Too much fibre Neil ?

Trimmed and taken out pejorative words such as incorrect address, it may have been but is a negative word.... almost accusatory.
I've tried to keep it bullet point format, simple lines...it makes it easier to read then a narrative.
If you are military, I would add a brief comment in the military accommodation line to confirm...ie, my regimental headquarters...HMS ? where I serve...whatever, don't lay it on thick but it can gain some sympathy, with Dart if not TEC.
See what others think.... all forms can be emailed to TEC, do it that way, not post.

Please accept this Out of Time request for my Witness Statement to be accepted.
The late submission is solely due to an unfortunate conflict of dates, the PCN being issued on the same day I updated my address with DVLA (6th Jan 2023)
I was unaware of the PCN until contacted by bailiffs last week.
The conflict in timing led to the PCN being sent to my previous address and it failing to get to me despite mail forwarding being in place.
I assume that subsequent notices also went to the previous address.
To give a brief timescale of events.
I left previous address (?) on 11th December 2022
I was in military accommodation (name) from then until obtaining and moving into my new address.
Moved to new address (?) on 3rd January 2023
Updated V5c (online) on 6th January 2023.
The new tenants at my previous address had my contact details and I popped in to collect post.
As you can see, reasonable steps were taken to try to avoid this situation, unfortunately to no avail.
Please accept this request.
Hugs and Kisses
« Last Edit: September 22, 2023, 10:26:59 pm by DancingDad »
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #9 on: »
further to above.
There is no need to ask for the warrant etc to be revoked, that will happen if the request is accepted.
I am a firm believer that remembering this is a request and being polite in asking can help...could be wrong but it does no harm.
It can take around 3 weeks but until it is decided on, enforcement must stop...if CDER make contact, just tell them that relevant forms are with TEC and to bu55er orfe.

Dart can object.
They are usually reasonable and don't unless upset which is why it is important to keep in non accusatory in any way.
« Last Edit: September 22, 2023, 10:36:33 pm by DancingDad »
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #10 on: »
Looks fine to me, apart from 'accept' and 'accepted' both appearing in the same opening line.
Fully agree with removing 'incorrect address' for the reasons Dad stated.

This will be interesting as I hear that a new company have taken over management of dart pcns.

These can actually take up to ten weeks.
You should confirm, with Tec, it is being processed after about 5 days.
« Last Edit: September 23, 2023, 01:19:19 pm by Neil B »
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #11 on: »
If no one else comments or adds, I suggest finalising and emailing to TEC today.
They should start action tomorrow then
Apart from details such as PCN number and your proper address, the Witness statement is tick the box saying no PCN/NTO received and your signature.
OOT request should also include your address as a final note.

In both cases the Appelant is Dart, not you
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Re: Dart Charge- Notice of enforcement, no previous correspondence
« Reply #12 on: »
Quote from: Neil B on September 23, 2023, 01:17:10 pm
Looks fine to me, apart from 'accept' and 'accepted' both appearing in the same opening line.
Fully agree with removing 'incorrect address' for the reasons Dad stated.

This will be interesting as I hear that a new company have taken over management of dart pcns.

These can actually take up to ten weeks.
You should confirm, with Tec, it is being processed after about 5 days.

The company that used to manage Dart charge was Sanef a French company. I have a toll road tag for France via them ( they manage the Northern parts of the French motorway network) They recently change to Emovis, Is this the company that now run Dart charge. If so it's all still as before
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