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#Post#: 45527--------------------------------------------------
Dart Charge PCN (10 hrs late paying)
DIR By: HJ____h
Date: November 13, 2024, 4:28 pm
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Looking some any advice…
I paid the dart charge 10 hours late and have a PCN.
I've read of people phoning them and they were very reasonable
which I will try but if that doesn’t work, is it worth
challenging?
I think I’ll loose the reduced payment if I do.
I have Dart charge receipt and the PCN is asking me to pay the
crossing which I technically already have... wondering if
appealing on ‘the fine exceeds the fee’ line if needed…
Any help appreciated.
#Post#: 45535--------------------------------------------------
Re: Dart Charge PCN (10 hrs late paying)
DIR By: fraser.mitchell
Date: November 13, 2024, 5:25 pm
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--- Quote from: HJ____h link ---
>
> Looking some any advice…
>
> I paid the dart charge 10 hours late and have a PCN.
>
> I've read of people phoning them and they were very reasonable
which I will try but if that doesn’t work, is it worth
challenging?
>
> I think I’ll loose the reduced payment if I do.
>
> I have Dart charge receipt and the PCN is asking me to pay the
crossing which I technically already have... wondering if
appealing on ‘the fine exceeds the fee’ line if needed…
>
> Any help appreciated.
>
--- End Quote ---
As usual for this forum, please post all sides of the PCN,
redacting name and address only.
It is very difficult to find DART cases at adjudication, but a
case of 2018 at the Traffic Penalty Tribunal decided by the then
Chief Adjudicator, Caroline Shepherd is of interest, as it
mirrors almost exactly your circumstances.
--- Quote ---
> Case Number : IA01249-1803
> Decision Date : 13/06/2018
>
> Adjudicator's Reasons
> Mr Moran paid the £3 crossing charge at 23:20 on 14 January
2018, which was a day later
> that the time required for payment. However, on 19 January
2018 Dart Charge sent him a
> penalty charge notice stating he should pay either £38 within
14 days or £73 within 28 days.
>
> Mr Moran made representations saying he had paid the crossing
charge and produced the
> receipt for payment.
>
> Dart Charge rejected the representations saying, “Our
investigations show that whilst you did
> make payment of the RUC in respect of the above contravention,
this payment was not made
> until after midnight on the day following your crossing.” They
therefore accepted that the
> crossing was paid, but they go on to say. “Your late
payment(s) will be held as credit against
> your vehicle for future crossing(s). You must now make payment
for the full amount outstanding
> in respect of the above mentioned PCN(s), including the
original road user charge, as shown at
> the bottom of this notice.”. The amount payable at the end of
the Notice of Rejection is £73.
>
> Regulations 7(3)(g) and (f) require the penalty charge notice
to state:
> (f) the amount of penalty charge that is payable if the
penalty charge is paid in full—
> (i) within 14 days of the day on which the penalty charge
notice is served;
> (ii) after the expiry of such 14 day period but within 28 days
of the day on which the penalty charge notice is
> served;
> (iii) after the service of a charge certificate;
> (g) the manner in which the penalty charge must be paid and
the address to which payment of the penalty charge
> must be sent.
>
> The clear intention is to set out clearly the amount of the
penalty charge to be paid, and give
> equally clear instructions as to how to pay the relevant
amount.
>
> While the PCN in this case dealt with the amounts of the
penalty charge, according to when
> they would be paid, it also stipulated that:
> “In addition to the penalty charge you must also pay the
applicable road user charge of £3.”
> And the PCN further required Mr Moran to pay £38 or £73 (the
relevant penalty charge with
> £3 added), without an option to pay just the penalty charge.
>
> 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.
>
> It is not in dispute that Mr Moran had paid the £3 crossing
charge, as evidenced by his receipt
> dated 14 January 2018 for the £3 payment, and accepted by Dart
Charge.
>
> It is all very well to set out the amounts of the penalty
charge, but the impact and effect of the
> PCN is to demand an amount that is in excess of the penalty
charge, and it implies that
> payment of £38 or £73 is the only amount that will be
accepted.
> The requirement for Mr Moran to pay the crossing charge in
addition to the penalty charge, on
> both the PCN and NOR, when he had already paid it, amounts to
a procedural impropriety on the part of the charging authority
(known as Dart Charge). That is a ground of appeal that means
that Mr Moran is not liable to pay the penalty charge. He did
pay the crossing charge, albeit a day late, so he is not liable
to pay that again.
>
> Caroline Sheppard
> Chief Adjudicator
> 13/06/2018
> Adjudicator's Decision
--- End Quote ---
So, if it were me, I would challenge the PCN on the above lines,
quoting the TPT case. I think it unlikely they will take you to
adjudication.
#Post#: 45573--------------------------------------------------
Re: Dart Charge PCN (10 hrs late paying)
DIR By: H C Andersen
Date: November 14, 2024, 5:11 am
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OP, pl post the PCN and your receipt and only redact your name
and address and PCN no.
IMO, let's get all the facts in play before thinking about the
style and substance of reps.
#Post#: 45575--------------------------------------------------
Re: Dart Charge PCN (10 hrs late paying)
DIR By: HJ____h
Date: November 14, 2024, 5:17 am
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UPDATE HELPFUL TO OTHERS:
Hello,
Many thanks for your reply and case info.
I wanted to update that I phoned Dart Charge and they are indeed
very gracious.
As I paid within 5 days and there were no PCNs issues in past 12
months, they very easily cancelled the penalty charge in return
for me paying the £2.50 road charge again.
I hope this helps other motorists - it is so refreshing to speak
to a department that allows for genuine human error!
#Post#: 45577--------------------------------------------------
Re: Dart Charge PCN (10 hrs late paying)
DIR By: baroudeur
Date: November 14, 2024, 5:23 am
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--- Quote from: HJ____h link ---
>
> UPDATE HELPFUL TO OTHERS:
>
> Hello,
>
> Many thanks for your reply and case info.
>
> I wanted to update that I phoned Dart Charge and they are
indeed very gracious.
>
> As I paid within 5 days and there were no PCNs issues in past
12 months, they very easily cancelled the penalty charge in
return for me paying the £2.50 road charge again.
>
> I hope this helps other motorists - it is so refreshing to
speak to a department that allows for genuine human error!
>
>
>
--- End Quote ---
Does that mean you have paid twice?
#Post#: 45580--------------------------------------------------
Re: Dart Charge PCN (10 hrs late paying)
DIR By: HJ____h
Date: November 14, 2024, 5:31 am
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Yes I had to pay £2.50 again but that was ok by me to have the
£35 cancelled or time back / less stress from challenging. Was a
fair result for me.
#Post#: 61049--------------------------------------------------
Re: Dart Charge PCN (10 hrs late paying)
DIR By: dsharif93
Date: March 6, 2025, 7:02 pm
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That’s great news for you! I’m in a similar situation—I ended up
paying three days later than planned. We originally had an
account set up for automatic payments, but it got annulled due
to inactivity. I’ll try calling them tomorrow. What did you say
to them? And is their direct phone number 0300 300 0120?
#Post#: 61053--------------------------------------------------
Re: Dart Charge PCN (10 hrs late paying)
DIR By: John U.K.
Date: March 7, 2025, 2:03 am
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--- Quote from: dsharif93 link ---
>
> That’s great news for you! I’m in a similar situation—I ended
up paying three days later than planned. We originally had an
account set up for automatic payments, but it got annulled due
to inactivity. I’ll try calling them tomorrow. What did you say
to them? And is their direct phone number 0300 300 0120?
>
--- End Quote ---
If yuou need further advice for yr own case please start yr own
thread.
As this thread concluded last November you could try messaging
[member=2546]HJ____h[/member] directly using the PM button or
the email button against his name.
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