Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: m_odwong@hotmail.com on February 24, 2024, 02:10:48 pm
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Well done ! I assume you have paid the £2.50. It looks like the DART management are desperate not to get their PCNs looked at by the Traffic Penalty Tribunal.
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Just confirming that they have withdrawn the PCN and just asked me to pay the £2.5 crossing charge :)
Thanks Incandescent, all for the help and useful resources!
Regards,
Maikol
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Its their usual Fob-Off letter totally ignoring your representations, so I would register an appeal at the TPT citing the 2018 case. By ignoring your reps they are also committing a procedural impropriety.
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Thanks, I've attached the PCN and the NOR. Afraid I don't have a copy of the representation, but as mentioned I cited the Moran case as to why the PCN was invalid.
Sounds like I'll have to take it to the tribunal.
Regards,
Maikol
[attachment deleted by admin]
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Sorry, but we need to see the documents, (PCN, your reps and their rejection). If it were me I'd be taking the to the Traffic Penalty Tribunal quoting the 2018 case. However, you obviously have to risk the full PCN penalty.
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Hi,
My case is similar to that discussed in: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/dartford-pcn-late-payment/msg9377/#msg9377. I also paid the crossing late but before the PCN was issued.
As suggested in that topic, I used the "Moran V Dart adjudication" case to state that the PCN isn't valid. They have since responded stating:
Reason for rejection
You told us that you paid for this crossing(s) on 07/10/2023. This payment was not made
until after midnight on the day following your crossing. In accordance with Regulation 8 of the
A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2013, charges
should be paid in full before midnight on the day immediately following the day on which that
charge was imposed.
Your late payment(s) will be held as credit against your vehicle for future crossing(s) for up to
12 months from the date of purchase in accordance with our terms and conditions.
This means we cannot accept the grounds (reasons) you gave us for representation, so this
letter is issued as a formal Notice of Rejection.
I was hopeful the Moran V Dart case would be sufficient, but evidently not. Is it worth proceeding with an appeal and is there anything else that can be used to argue against the validity of the PCN?
Thanks,
Maikol