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       #Post#: 9377--------------------------------------------------
       Dartford crossing PCN - Late payment 
   DIR By: karanr21
       Date: November 6, 2023, 10:14 am
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       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]
       #Post#: 9378--------------------------------------------------
       Re: Dartford crossing PCN - Late payment 
   DIR By: DancingDad
       Date: November 6, 2023, 10:23 am
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       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
  HTML https://drive.google.com/uc?id=196wgUERzYDuZjwM9IEFYQwN0jD_jlcDD
       #Post#: 9389--------------------------------------------------
       Re: Dartford crossing PCN - Late payment 
   DIR By: fraser.mitchell
       Date: November 6, 2023, 11:27 am
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       "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."
       --- End Quote ---
       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.
       #Post#: 9431--------------------------------------------------
       Re: Dartford crossing PCN - Late payment 
   DIR By: ivanleo
       Date: November 6, 2023, 4:58 pm
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       Draft reps:
       [indent]
       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,
       [/indent]
       #Post#: 9461--------------------------------------------------
       Re: Dartford crossing PCN - Late payment 
   DIR By: karanr21
       Date: November 7, 2023, 5:10 am
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       Hi all,
       Thank you for your help & advice, I will send the appeal now.
       Kind regards
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