Author Topic: Unpaid Dart Charge while out of the country  (Read 262 times)

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Unpaid Dart Charge while out of the country
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Hi,

New here!

I went over the Dartford crossing at the beginning of the year and forgot to pay. It was a first offence and I was sent a letter advising me of this but unfortunately, when I received the letter, I had just left the country for 6 months. If I had been around to receive the letter, as it was a first offence, I only had to pay the normal fee for crossing, which is £2.50.

When I arrived home and checked the mail, the fine had escalated to £192.50 and gotten to the point of being handed over to bailiffs who were due to attend my property imminently.

I was advised to pay the fine, to avoid the bailiffs attending and appeal the charge to get it refunded at a later date.

I sent off my appeal, explaining the situation and giving evidence of my 6 month return flight out of the country.

I have just received a letter from HM courts and tribunals service saying that “your recent application to file a statutory declaration/witness statement out of time was referred to the court officer for a decision without a hearing under part 75.5 (1) of the civil procedure rules” and it was refused.

I have 9 days now to apply for a review of the decision either by a district judge at a county court hearing centre for a fee of £303 or a review by a district judge without a hearing for £119.

This seems very unfair but I don’t really understand what the review decision process is. Can I just go and represent myself? Does it seem a straightforward case that I could win? Would I get the fee back if I win? On the last question, obviously it wouldn’t be worth doing anything if I wouldn’t get the fee back as the fine is £192.50.


Thanks all!

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Re: Unpaid Dart Charge while out of the country
« Reply #1 on: »
I think you would be wise to now cut your losses. Fees for reviews of TEC decisions are not normally recoverable, and if you lose the review, you still have to pay the £192.50.

If you do decide to take up the review option, the hearing review would be an interview by a county court judge, in chambers, so not in a court. Based on that, the judge will decide to either overturn the court officer's decision, or confirm it.  The cheaper option is papers-based, where a judge reads your submission and any objection made by the enforcing authority, and decides if the TEC court officers decision is correct.

Re: Unpaid Dart Charge while out of the country
« Reply #2 on: »
I thought as much  :'(  Much appreciated, thanks!