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#Post#: 128875--------------------------------------------------
Unpaid toll charge - debt recovery
DIR By: Allison
Date: August 25, 2026, 8:00 pm
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I have received an Unpaid toll notice- debt recovery from DCBL
FOR THE RIXTON AND WARBURTON Bridge . This is the first I was
aware of this as this occurred on 28 march 2026. Nothing was
received from EXCEL PARKING . Two phone calls to DCBL and I
informed them I had received nothing they wanted payment of
176,00told them no I did not receive the notice. Told to put
this in writing for which I did they came back and said the
money is to be paid and they cannot enter into any
appeal/challenge. Called EXCEL PARKING THEY SAID THAT DCBL MUST
TAKE THE INFROMATION AND PASS TO THEM AS THE CLIENT A. CAN YOU
ADVISE WHAT TO DO.
#Post#: 128876--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: jfollows
Date: August 26, 2026, 1:23 am
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Please don't post in CAPITALS, it's both hard to read and akin
to shouting at us.
Also do not ever call these people, all communication should be
in writing - post or email. What does your last sentence in
capitals mean?
See
HTML https://www.warburtontollbridge.co.uk/app/uploads/2026/04/Rixton-and-Warburton-Bridge-Byelaws-2024.pdf
The toll bridge is covered by byelaws, meaning that non-payment
of tolls is a criminal offence, pursued through the magistrates
courts.
That might sound bad, but in fact because it's a "summary only"
offence, any prosecution has to be initiated within six months.
Further, any money levied in fines goes to the state, and the
likes of Excel or whoever don't get a penny.
Please read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and post what you have received.
Essentially you are now at the point where you want to spin this
out until the six month period has elapsed. DCBL is powerless in
this and can be ignored anyway.
#Post#: 128879--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: jfollows
Date: August 26, 2026, 1:49 am
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This isn’t a private parking ticket so I guess it should be
moved to the Speeding/criminal offences section?
Thee moderator input is that it's more appropriate here, so
please ignore this question.
#Post#: 129018--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: Jackisback123
Date: August 27, 2026, 7:51 am
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--- Quote from: jfollows link ---
>
> The toll bridge is covered by byelaws, meaning that
non-payment of tolls is a criminal offence, pursued through the
magistrates courts.
>
> That might sound bad, but in fact because it's a "summary
only" offence, any prosecution has to be initiated within six
months. Further, any money levied in fines goes to the state,
and the likes of Excel or whoever don't get a penny.
>
> ...
>
> Essentially you are now at the point where you want to spin
this out until the six month period has elapsed. DCBL is
powerless in this and can be ignored anyway.
>
--- End Quote ---
This is a common (but IMO incorrect) interpretation.
The toll bridge is covered by byelaws, that much is true.
But byelaws don't just create criminal offences.
Byelaw 24 states:
--- Quote ---
> 24. A liability to pay unpaid toll charges in respect of a
vehicle arises where—
> (a) a liability to pay a toll under byelaw 21 has been
incurred in respect of that vehicle;
> (b) a toll has not been paid in full by, or on behalf of,
either the driver or registered keeper
> of that vehicle in respect of the passage by the vehicle
across the Rixton and Warburton
> Bridge; and
> (c) the toll remains unpaid after the relevant date.
--- End Quote ---
This (in conjunction with the 2024 Order) makes the Keeper
liable to pay an UTC. This byelaw does not impose an criminal
liability on anyone. It operates to make the keeper liable to
pay the UTC. The correct route to recover that debt is through
the county court.
Separately, Byelaw 46 states:
--- Quote ---
> 46. Any person who contravenes or fails to comply with a
provision of these byelaws is liable on
> summary conviction to a fine not exceeding Level 3.
>
--- End Quote ---
I am not certain that failing to pay is actually failing to
comply with a provision of the byelaws, because byelaw 24 merely
operates to make the keeper liable. You can't fail to comply or
contravene it because it's not an instruction or direction.
There is no "must do X" like there are in the other byelaws. It
simply changes the state of affairs so that the keeper is liable
to pay.
---------------------------------------------------------
So, in my opinion, Byelaw 46 does not attach here. (It would be
different if, for example, there was a byelaw which said "A
person liable to pay an unpaid toll charge must pay any such
charges...")
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But, even if Byelaw 46 does apply, and failing to pay is a
criminal offence, Byelaws 24 and 46 are concerned with two
different things. The two can co-exist. In the same way that you
can be prosecuted for an assault, or sued civilly for an
assault. One act; two different mechanisms to deal with it.
---------------------------------------------------------
So yes, any criminal prosecution would be statute-barred after 6
months from the date of the offence (whenever that is actually
deemed to be - is it from the date of the first notice? The date
when it increase? The second date when it increases?)
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But the liability to pay in debt remains for the standard 6
years.
#Post#: 129023--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: InterCity125
Date: August 27, 2026, 9:19 am
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I would ignore for now and wait for a Letter Before Claim.
Ignore all begging debt letters.
There is a huge storm surrounding this toll bridge and Excel are
up to their neck in it.
Like you say, I would be VERY surprised if they could take this
to the County Court.
Ignore all debt letters and wait for LBC.
#Post#: 129026--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: jfollows
Date: August 27, 2026, 9:47 am
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Agreed.
See
HTML https://forums.moneysavingexpert.com/discussion/6669616/warning-about-a-new-anpr-toll-on-warburton-bridge-over-manchester-ship-canal-managed-by-excel,<br
/>for example.
The original poster has not been back to see any updates since
the original post.
#Post#: 129034--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: DWMB2
Date: August 27, 2026, 10:50 am
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Caveat here that with this being a relatively new issue (the
toll was, until relatively recently, collected directly on the
bridge by a bloke with a bucket), we can't reliably predict what
will happen.
I'd like to say Excel won't take it to court, but they're known
to take hopeless cases to court when it comes to private
parking, so never say never.
#Post#: 129075--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: InterCity125
Date: August 28, 2026, 1:44 am
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--- Quote from: DWMB2 link ---
>
> Caveat here that with this being a relatively new issue (the
toll was, until relatively recently, collected directly on the
bridge by a bloke with a bucket), we can't reliably predict what
will happen.
>
> I'd like to say Excel won't take it to court, but they're
known to take hopeless cases to court when it comes to private
parking, so never say never.
>
--- End Quote ---
I briefly examined this situation quite some months back.
My examination of the situation raised questions in relation to
how Excel could turn a byelaw breach into an apparent breach of
contract.
Very similar to that series of 'Penalty Notices' that SABA
started issuing at railway stations.
Excel have the same issue here.
Additionally, I understand that Excel have been told (by the
local MP) to cease all toll cases until it can be established
exactly what the situation is.
Excel have also issued a mass of incorrectly issued toll
notices.
Quite a mess for Excel who are already under the spot light due
to sharp practices such as airport no-stoppings zones.
#Post#: 129078--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: Jackisback123
Date: August 28, 2026, 2:35 am
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--- Quote from: InterCity125 link ---
>
>
>
> My examination of the situation raised questions in relation
to how Excel could turn a byelaw breach into an apparent breach
of contract.
>
>
--- End Quote ---
As I've explained above, the keeper's liability to pay stems
from the byelaws, but that does not make the keeper's liability
criminal, does not preclude recovery as a debt, and it is not a
breach of contract either.
In the same way that other legislation imposes an obligation to
pay which can be recovered as a debt in the county court, the
byelaws do the same.
That there is a separate criminal liability imposed for breaches
of the byelaws has no bearing on things, because at the point
the keeper is liable to pay (i.e. by operation of the byelaws)
the keeper has not breached the byelaws.
The only time the keeper (maybe) breaches the byelaws is if they
fail to pay as required by the byelaws. But they can only fail
to pay and thus be in breach because the byelaws have operated
to make them liable (civilly) for the debt in the first place.
And even if there is criminal liability at that point, it does
not mean the original civil liability disappears.
There is a pervasive misunderstanding that byelaws = criminal,
but you actually have to read them to see what they say. Not
every byelaw is a byelaw which is capable of being breached and
thus reflects a criminal offence. I.e:
30. If the vehicle has been sold, a person may register a new
vehicle to their Account by updating
their Account.
In the same way, byelaw 24 just operates (at first instance) to
make the keeper liable civilly to pay the UTC.
#Post#: 129081--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: InterCity125
Date: August 28, 2026, 2:46 am
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I take your point but one would have to ask the question, how
does Excel Parking become the creditor in any action?
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