Free Traffic Legal Advice

Hi all,

I’d appreciate some advice on a Dart Charge PCN I’ve received.

I crossed the Dartford Crossing at 06:04. At the time I genuinely thought it was just before 6am and therefore outside the charging period. Clearly I was mistaken and, to be fair, I should have checked the time more carefully but didn’t.

I was actually on my way to Dover to catch a ferry at the time, and then went abroad for a month. So by the time I returned home and saw the PCN, the 14-day period had long since expired.

The PCN says:

“This is the first time this vehicle has crossed without payment. We will cancel the penalty charge if you pay £3.50 within 14 days from the date of service.”

So I would happily have paid the £3.50 had I actually seen the notice, but I was away for the whole of the period in which that option was available.

I’m not disputing that the crossing took place at 06:04 or that the £3.50 charge was due. I’m really just wondering what my best approach is now.

From what I’ve read here, Dart Charge can sometimes be fairly reasonable in circumstances like this. Is it worth challenging the PCN and explaining that I was literally on my way to the ferry when the crossing occurred and was then abroad for the entire period in which they offered to accept the original £3.50 charge?

Obviously, I've still got my ferry booking details so I can prove I had left the country.

If so, is there any particular wording or grounds you would recommend using?

PCN attached with personal details obscured.

Thanks in advance.

https://imgpile.com/p/sOu8IM7

Something like this?

I am writing to ask that you exercise discretion in relation to this PCN and allow me to pay the original £3.50 crossing charge.

The crossing was recorded at 06:04. At the time, I genuinely believed it was just before 6am and therefore outside the charging period. My clock was incorrect and I did not realise I had crossed four minutes after charging commenced. I accept that I should have checked the time more carefully and that the £3.50 crossing charge was due.

The reason I was unable to take advantage of the first-time concession offered in the PCN is that I was actually on my way to Dover to catch a ferry when the crossing took place. I left the UK that day and was away for approximately a month. I can provide my ferry booking/details as evidence of this.

Consequently, I did not see the PCN until I returned home, by which time the 14-day period allowing me to pay £3.50 and have the penalty cancelled had already expired.

The PCN itself confirms that this was the first time this vehicle had crossed without payment and that, had I received and seen the notice while I was at home, I would have been able to resolve the matter simply by paying the £3.50 charge. I would certainly have done so.

I am therefore asking you to take into account the circumstances which genuinely prevented me from responding within the 14-day period and to exercise discretion by reinstating the original offer, allowing me to pay the £3.50 crossing charge and cancelling the penalty.

I am not seeking to avoid the crossing charge and am happy to pay the £3.50 immediately.

Thank you for considering my representation.

Or should I just call them and see if they're nicer on the phone?

 I can provide my ferry booking/details as evidence of this.

Hopefully you mean 'pl see my outbound and inbound ferry details attached'.

think you're wrong, but here is the full clause: -

(9) It is the duty of a charging authority to whom representations are duly made under this regulation—

(a)to consider them and any supporting evidence which the person making them provides; and

(b)within the period of 56 days beginning with the date on which the representations were served on it, to serve on that person notice of its decision as to whether or not it accepts—

(i)that one or more of the grounds in paragraph (3) has been established; or

(ii)that there are compelling reasons why, in the particular circumstances of the case, the penalty charge notice should be cancelled.

Nowhere near, I'm afraid.

https://www.tpt.gov.uk/appeals-process-dart-charge/

Dart is by far the most forgiving of any authority currently.

Even with Out of Time applications, they are more willing to accept applications than almost any other local/charging authority.