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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: fastrack1966 on January 18, 2024, 08:17:42 pm

Title: Re: DARTFORD CROSSING PCN TIME LIMIT?
Post by: Incandescent on January 30, 2024, 03:03:02 pm
Can you please post-up your representations.
Title: Re: DARTFORD CROSSING PCN TIME LIMIT?
Post by: fastrack1966 on January 30, 2024, 12:50:06 pm
Thanks Everyone I sent of my compelling reasons. Phoning is hopeless, quicker to ring a doctor! The policy of keeping the late fee "in my account" rather than just accepting it as a payment as well as issuing a PCN is bizarre. Why not continue with the PCN process and bank the late payment? I don't want the £2.50 back do I?!
Title: Re: DARTFORD CROSSING PCN TIME LIMIT?
Post by: SITR on January 19, 2024, 01:27:03 pm
If this is your first offence, phone them up. It happened to me (forgot to pay for 2 days) & because it was the first time and they could see that I'd paid, they cancelled the PCNs.

Officially the money you've paid late goes "on account" for your vehicle as the crossing that caused the PCN has closed, so you need to pay over the £2.50 over the phone...then you get your next crossing "free" from the "on account" money.
Title: Re: DARTFORD CROSSING PCN TIME LIMIT?
Post by: Incandescent on January 18, 2024, 09:56:34 pm
I paid three days late for a crossing on 6-9-2023. NINETEEN WEEKS LATER I receive a PCN today. Are they out of time here? Surely there is a time limit beyond which a crossing PCN cannot be issued? They cannot just sit on it forever
There is no time limit in the Road User Charging regulations on service of a PCN, but clearly, as it also acts as a Notice to Owner, any reasonable and alert adjudicator would regard service after nearly 6 months as an abuse of process. In your case, 19 weeks, nearly 5 months, this is clearly unfair and you should submit reps on this basis, but also the PCN itself can be considered unlawful by demanding the toll in addition to the penalty charge.

Have a read of the file I have added, and also read Regulation 7 of the actual regulations here: -
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made

Please post the PCN, all sides with only name and address redacted. If you want, you can redact the reg number of the vehicle, but this is not important.

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Title: DARTFORD CROSSING PCN TIME LIMIT?
Post by: fastrack1966 on January 18, 2024, 08:17:42 pm
I paid three days late for a crossing on 6-9-2023. NINETEEN WEEKS LATER I receive a PCN today. Are they out of time here? Surely there is a time limit beyond which a crossing PCN cannot be issued? They cannot just sit on it forever