Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: dan-75 on September 16, 2023, 02:07:55 pm
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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 (https://drive.google.com/uc?id=1OSwPi_VkWq5ozYtEITmnxC6vFJjsJ_qW).
Would you like me to represent you at the tribunal?
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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.
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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.