Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: unknowndriver on January 15, 2024, 09:54:13 pm
-
Hello,
Coming back to this, I received a response and they offered a discretionary payment to which I did pay. It was another amount of £2.50 which means I paid £5 all in all. A better amount that £72.50
Thank you to all that helped and for the previous case study
[attachment deleted by admin]
-
I have made an appeal, they said expect a response within 56 days, i will update when i receive something
Keep a screenshot/hard copy of the receipt/acknowledgement.
-
I have made an appeal, they said expect a response within 56 days, i will update when i receive something
-
It is "procedural impropriety", the same grounds as per the 2018 TPT case I gave.
-
Thanks for getting back
I am going to appeal, i have 3 days from today till it increases past £72.50, just by understanding what you have mentioned, would i then be inclined to select this as the reason:
"The penalty charge exceeded the amount that applied in the circumstances
This means Dart Charge has asked for more than they are entitled to under the relevant regulations. This is £70."
Or to none of the above and mention it all myself? sorry for the continuous asking, just want to whether i choose an option or if i dont will have any bearing to the appeal
Thanks
-
I suspect DART, like Bristol don't want anybody official looking at their "nice little earner", so will probably fold at the door of the tribunal. The case against them putting the toll fee onto the PCN looks unanswerable to me.
-
Apologies for coming back to this late
Just so i understand this. if i make a representation for the bordering inordinate delay and provide the receipt that i still paid albeit a day late (as was the case in the pdf attached) it will most likely go to tribunal and then is there the chance of of them accepting it or me having to pay the full amount? Just asking what the likelihood scenario could be.
Also is there an old draft maybe that i could possibly use for this representation or because it will go tribunal, it doesnt matter and i should just write as best as i can?
Thanks for your answers
-
Because of the likelihood of needing to go to tribunal, I would make an apologetic representation to the effect that you are sorry that the payment was slightly delayed and evidence the payment on the 13th don't go in with all your ammo as you want to garner a bit of sympathy. Dart are historically one of the more reasonable authorities though that does seem to be changing
-
Read this 2018 adjudication by the Chief Adjudicator of the Traffic Penalty Tribunal, Caroline Sheppard, (she's now retired). {file attached]
Here is what is authorised for content of a Road User Charge PCN
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made
There is no time limit for service of an RUC PCN, but anything over 3 months is usually regarded as unfair. Here they are bordering on that, so mention the inordinate delay in your reps. To get a result you'll probably have to take them to the Traffic Penalty Tribunal.
[attachment deleted by admin]
-
Hello all,
Just need some help with this Dart charge PCN, hopefully its in the right section, please move if need be.
I received this early last week, set it aside and forgot about it until i uncovered it today. Never received a Dart charge before so im unsure of the time constraints of this, the PCN is for October last year but dated of this month.
What happened was i forgot to pay the charge the next day and i paid it the day after. so went through dartford on 11th and didnt pay before midnight of 12th and paid early morning of 13th October. I knew it was 50/50 so i waited out till December and since i didnt get anything back i assumed it was okay. I also have gone on to the website to see if there is a PCN appeal option and after entering ref number, it states there are no outstanding PCN not sure if that would update if its after the 28 days or not.
are there grounds for receiving it late or is this timeframe normal?
Any help appreciated
[attachment deleted by admin]