3. Dartford Charge PCN - fail to pay charge
« previous next »
Pages: [1]

Author Topic: Dartford Charge PCN - fail to pay charge  (Read 804 times)

0 Members and 585 Guests are viewing this topic.

Dartford Charge PCN - fail to pay charge
« on: »
Hi everyone.

Recieved a PCN from Dart Charge for failing to pay, rang them up and asked them what was going on as we have an autopay account.

Apparently, when they went to take money the registered debit card was declined. Informed them that there were plenty of funds in the debit card account. We told them that usually a text message is received from the bank when anyone tries to, or makes a charge to the debit card. No text was recieved, so therefore thinking it was a system error on their part.

Sent in an official representation stating that fact but got a Notice of Rejection.

Is there any merit in following this one to appeal?

Does anyone know the legality of the the PCN

The details are here:

https://imgur.com/a/3SmUxmh

Oddly, Only 1 page was sent for the NOR, yet it says "for details of how to pay, please see the next page?"


Many thanks for any advice.
« Last Edit: September 16, 2023, 02:12:27 pm by dan-75 »
Logged

Share on Bluesky Share on Facebook

Re: Dartford Charge PCN - fail to pay charge
« Reply #1 on: »
Assuming your narrative is correct;  with no discount re-offered with the rejection, it is now a no-brainer to now take them to adjudication, the Traffic Penalty Tribunal, as the penalty remains the same and there are no extra costs.

You say the auto-pay account was fully funded, they say it wasn't, so you will need to provide evidence to the tribunal that the account was in credit and failure to collect the toll payment is the fault of DART.

Are you sure the debit card end date had not been reached ? There may have been funds in the debit card account, but the debut card number has to be updated with the new card.
« Last Edit: September 17, 2023, 12:33:51 am by Incandescent »
Logged
Re: Dartford Charge PCN - fail to pay charge
« Reply #2 on: »
This is an easy appeal as the NoR is hopelessly flawed, also it's been held that if there's a failure in the authority's payment collection mechanism, that does not make the motorist liable for a penalty, see this case.

Would you like me to represent you at the tribunal?
« Last Edit: January 13, 2025, 05:50:19 pm by cp8759 »
Logged
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Pages: [1]
« previous next »
  3. Dartford Charge PCN - fail to pay charge