Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: karanr21 on November 06, 2023, 04:14:34 pm

Title: Re: Dartford crossing PCN - Late payment
Post by: karanr21 on November 07, 2023, 11:10:11 am

Hi all,

Thank you for your help & advice, I will send the appeal now.

Kind regards

Title: Re: Dartford crossing PCN - Late payment
Post by: cp8759 on November 06, 2023, 10:58:32 pm

Draft reps:

Dear Secretary of State,

The crossing charge was paid on 11 September, I attach proof of payment.

It follows that no penalty is due, nor is any crossing fee due. I trust you will now cancel the penalty charge notice.

Yours faithfully,

Title: Re: Dartford crossing PCN - Late payment
Post by: Incandescent on November 06, 2023, 05:27:41 pm

"No only but also"
The adjudication was by the Chief Adjudicator of the Traffic Penalty Tribunal, no less.  In addition to the decision,  she stated this: -

Quote

"There is no power in Regulation 7 for the PCN to require the road user charge to be paid in
addition to the penalty charge. Nor is there a power for the charging authority to refuse to
allocate a payment made for a crossing to that crossing, and hold it, possibly indefinitely, for
future use."

Not that there are two sentences here, each one referring to powers of the enforcing authority. Note the use of the word"nor", which separates the two sentences. This means that the second sentence has no link to the first.

YOur PCN is therefore not compliant with Regulation 7 if Caroline Sheppard is correct, and as such is a procedural impropriety.

Title: Re: Dartford crossing PCN - Late payment
Post by: DancingDad on November 06, 2023, 04:23:45 pm

This one does fall into the Moran V Dart adjudication.
Solid ground to challenge of the penalty exceeds the amount due and a good adjudication to reference.
Link to copy of the case
https://drive.google.com/uc?id=196wgUERzYDuZjwM9IEFYQwN0jD_jlcDD

Title: Dartford crossing PCN - Late payment
Post by: karanr21 on November 06, 2023, 04:14:34 pm

I've received PCN regarding Dartford charge.

Payment was made late however it was paid before PCN had been issued.
PCN has been issued 11 weeks from date of crossing

Date of crossing: 16th August
Payment date: 11th September
PCN issue date: 1st November

Furthermore PCN has an incorrect charge of £35 fine plus the original £2.50 charge which has already been paid.
Do I have any grounds to appeal ? Any advice would be apprciated

Thanks

[attachment deleted by admin]