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Dart Charge PCN followed by JBW enforcement letter for a Paid Crossing
raselmahbub
post Sun, 3 Sep 2017 - 01:19
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Hi All,

I would really be grateful if someone can help me with my situation.

The contravention date mentioned in the PCN is on 18/12/16. I have checked and the road user charge was actually paid on the same day within the required time.

So I completed the online representation providing the receipt of payment. Didn't receive any reply from dart charge team yet.

Received an enforcement letter asking to pay a total of 190.50 pound from JBW.
Contacted JBW and told them that the road user charge was actually paid and this is probably a mistake by the dart charge team. Also emailed them the payment receipt.

JBW contacted Highway Agency and came back to me with a different date and different reference number for which I never received any PCN/Letter. I told them

"I have not received any PCN in regards to the IA number mentioned in your email. Neither I am aware of any crossing made on the day you have mentioned.

You can not just cite a reference number and ask me to pay without any evidence. The enforcement letter I received from JBW also points to the same reference number for which the PCN was issued. And I have already made it clear to you that the road user charge related to the reference number has been paid on the day of crossing.
As I never received a PCN in regards to the contravention mentioned in your email I am not obliged to pay any amount to you.
"


Now they have come back to me with the following response:"In order to dispute this matter further, we suggest you file an Out of Time Witness Statement
with the Traffic Enforcement Center at Northampton County Court. Please note, we are unable to hold enforcement action in the meantime."


What options do I have now, do I really need to go through this 'Out of Time Witness Statement' thing? Can I just ignore their threat as to my understanding they do not have a case at all.

Many thanks

This post has been edited by raselmahbub: Sun, 3 Sep 2017 - 01:20
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post Sun, 3 Sep 2017 - 01:19
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Neil B
post Wed, 6 Sep 2017 - 12:07
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QUOTE (raselmahbub @ Wed, 6 Sep 2017 - 00:21) *
Thanks DD.

So in regards to my situation I take it that I now need to submit an OOT WS to TEC on the ground of not receiving PCN. One question though, deadline (5/5/17) for OOTWS in the OfR letter is now long gone. Will it be a issue?

The deadline was for making a WS in time

What you are now doing is asking permission to do so, late, and explaining why late.

Edit.
But I think DD is suggesting HEDC are at fault in how they applied payment and may be suggesting
you try them again?

DD ?

This post has been edited by Neil B: Wed, 6 Sep 2017 - 12:09


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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John U.K.
post Wed, 6 Sep 2017 - 12:20
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Most of the success here with DC seems to have been using either their Twitter or Facebook accounts, rather than telephone.
https://www.facebook.com/dartcharge/
https://twitter.com/dartcharge?lang=en

Has OP tried these?
Or had a read of some of the queries there which have been successfully resolved?

I see you can also 'Chat' with DC on their Facebook page.

This post has been edited by John U.K.: Wed, 6 Sep 2017 - 12:22
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Neil B
post Wed, 6 Sep 2017 - 12:28
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You really need to get your head around this and not bang on about it >
QUOTE (raselmahbub @ Tue, 5 Sep 2017 - 22:44) *
I still don't understand how £2.5 can write off a PCN for a crossing which was made around 20 days ago. As far I know the fine structure goes like: Non-payment after one day: £70.00 but reduced to £35.00 if paid in 14 days.

QUOTE (raselmahbub @ Tue, 5 Sep 2017 - 23:36) *
And most certainly I believe that a PCN would never be for just £2.5.

JBW explained
I've explained
HEDC have explained
and everyone has explained that HEDC are helpful - 'nice'.

Rather than issue a PCN for the 29/11, they issued a warning only, asking you to pay just the £2.50 crossing fee and giving you time.

That's it, simple as; what can possibly be difficult to comprehend?
They may well have used a PCN format for the 'warning' but you've said you didn't get that one either so we don't know.

But it is kinda relevant, in that it sat on file, allocated to your VRM, without you knowing you owed £2.50 at the
same time you made the crossing on 18/12.

I can see DD's point here: In being nice using just a warning, they inadvertently set you up if you were to cross again in
the time the warning allowed.
But they couldn't know they set you up: They couldn't know you hadn't received the warning.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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raselmahbub
post Tue, 14 Nov 2017 - 22:26
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A quick update on my situation. Just because it may be helpful for others in the same situation.

Following your suggestion (also had a quick chat with the TEC people) I filled a WS to TEC explaining my situation in brief.
Today I have received a response from the TEC -

QUOTE
The respondent filed a statutory declaration/witness statement on xxxxxx. It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled.

Important note to respondent:
This order does not cancel the original penalty charge notice. You should contat the Local Authority/Charging Authority as they may well take further action on it. The Authority should inform you as soon as possible if it intend to do so.


Thank you everyone for your help and support.

This post has been edited by raselmahbub: Tue, 14 Nov 2017 - 22:26
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