Author Topic: Dart Charge PCN - still allowed to charge the toll fee ?  (Read 51 times)

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dan-75

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Dart Charge PCN - still allowed to charge the toll fee ?
« on: April 06, 2024, 09:25:20 am »
Hello All,

Just received a standard PCN from Dart charge from an offence dated 13th January! 3rd fine on this vehicle over the years after debit cards become inactive

They are requesting the 35 plus the 3.00 charge.

Am I correct in that there are still no regs for them to be able to charge for the 3.00 Road user charge?

Thanks to anyone who could answer that

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slapdash

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Re: Dart Charge PCN - still allowed to charge the toll fee ?
« Reply #1 on: April 06, 2024, 10:16:09 am »
A search should lead to the relevant case.

They are entitled to the charge if the charging order specifies (dart may or may not), however the overarching regulations do not allow it to be added to the penalty.

You may wish to post up a redacted copy of your pcn.

It is unlikely they will cancel and a trip to tribunal (at full penalty) will be required.

Incandescent

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Re: Dart Charge PCN - still allowed to charge the toll fee ?
« Reply #2 on: April 06, 2024, 07:34:40 pm »
Have a read of the attached file, being an adjudication in 2018 by the Chief Adjudicator, Caroline Sheppard, no less !
However, this is the key sentence, in the section Adjudicator's Reasons: -
"There is no power in Regulation 7 for the PCN to require the road user charge to be paid in
addition to the penalty charge."

And here is regulation 7 : -
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

cp8759

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Re: Dart Charge PCN - still allowed to charge the toll fee ?
« Reply #3 on: April 06, 2024, 11:33:07 pm »
I'm not aware of any changes being made to the regulations, the relevant case is Luke Moran v Secretary of State for Transport (IA01249-1803, 13 June 2018)
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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.

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