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#Post#: 5262--------------------------------------------------
Dartford Charge PCN - fail to pay charge
DIR By: dan-75
Date: September 16, 2023, 8:07 am
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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:
HTML 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.
#Post#: 5274--------------------------------------------------
Re: Dartford Charge PCN - fail to pay charge
DIR By: fraser.mitchell
Date: September 16, 2023, 6:31 pm
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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.
#Post#: 5340--------------------------------------------------
Re: Dartford Charge PCN - fail to pay charge
DIR By: ivanleo
Date: September 17, 2023, 6:06 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
HTML https://drive.google.com/uc?id=1OSwPi_VkWq5ozYtEITmnxC6vFJjsJ_qW.
Would you like me to represent you at the tribunal?
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