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Dart Charge Gone too far & can't undo?
Wheels
post Mon, 10 Sep 2018 - 18:57
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Hi Folks

I am a disabled driver with three cars registered for congestion charge. My fully exempt car and two additional ones. So we went through the Dartford Tunnel and it had the same congestion charge symbol so I thought we were exempt from paying.

Alongside this I am a carer for my daughter who is a mental health patient and I deal with all her affairs and everything important is addressed to me. Unfortunately, we were in a car registered to her and the dart charge came to her. She usually stuffs things in cupboards and drawers and doesn't read anything, so I did not know about it. When I found out I wrote to appeal and they decided we could pay the original £2.50, but unfortunately we did not get the letter and it ended up back with a penalty charge and they told me to appeal to the tec and they could then return to the £2.50 fee again, but not until then. So I did a TE7&9 and awaited a response. I had sent them in by email, wishing was acknowledged as processed and enforcement suspended on 11 August. I heard no more.

Today I get a frantic call from my hysterical daughter who said the bailiff was on his way to get £700 or he was taking her car. Her car is her lifeline, if I am in too much pain to get to her, or if she is having a panic attack, she can get to me, or another friend or family member for support. She had a complete meltdown.

I rang around trying to get to the bottom of it and yes they turned down the appeal, which we had not been informed about, having already said they would revert to the £2.50 fee, they have objected to the appeal and reverted to enforcement action for £425.50. This means that the tec knowing my daughter is a vulnerable mental health patient has sanctioned enforcement action and the bailiffs have tried to pursue her. At this moment I have pointed out the regulations with regard to vulnerable persons and enforcement action and they have agreed not to turn up at the house today, how long that will last I do not know? I just don't know what to do next, dart charge say I should appeal, but as I have not received the rejection I do not know what I am appealing?

Any thoughts on what to do next? Unfortunately I do not have any paperwork to upload?

Thanks in advance

Wheels.

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post Mon, 10 Sep 2018 - 18:57
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stamfordman
post Fri, 14 Sep 2018 - 13:41
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QUOTE (Wheels @ Fri, 14 Sep 2018 - 14:04) *
Surely it makes me liable for penalties, otherwise my daughter would not be liable for my mistake thinking I was exempt?


The owner is ultimately liable but this is a way you can be sure that all paperwork is dealt with. Up to you how you square things with daughter - as this is within the family it makes sense. You probably wouldn't do this even with a close friend.
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disgrunt
post Fri, 14 Sep 2018 - 14:26
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Why not just change the registered address. You’ll see the post comes and can deal with it appropriately
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PASTMYBEST
post Fri, 14 Sep 2018 - 15:15
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QUOTE (disgrunt @ Fri, 14 Sep 2018 - 15:26) *
Why not just change the registered address. You’ll see the post comes and can deal with it appropriately


That would work if your daughter is happy for you to open mail addressed to her at your address
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stamfordman
post Fri, 14 Sep 2018 - 17:03
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There can be an insurance implication as I think someone mentioned - some insurers like the policyholder to be the registered keeper. It's best to check that any change of RK and/or address of RK is OK with them. I ran into this with a car i bought for my son - I put myself down as RK in the insurance with him as main policyholder and they rejected it at first but agreed after a phone conversation. (He still hasn't passed his test, but that's another story.)
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cp8759
post Sun, 16 Sep 2018 - 11:29
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Wheels you should grab the offer form dart charge. Also, you must ensure the car is re-registered to you, at your address. Your daughter quite clearly cannot discharge the responsibilities of a registered keeper. Liability for PCNs lies with the legal owner of the car, not the registered keeper. If you look on the V5C, it says in bold letters at the top "This document is not proof of ownership".

Just make sure you inform the insurance company that the RK has changed. As I said previously, they might put the premiums up by £30, but given the amount of hassle you've bee through so far, it's probably worth it.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Wheels
post Sat, 22 Sep 2018 - 22:25
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A quick update, I paid the compromise, but still the bailiffs office rang, refused to speak to me, denied receiving confirmation of mental health and authority for me to deal with the account, despite it being uploaded by their own bailiff. They said they would have to check and ring back. They didn't ring back, instead they came back to the door & sent the threatening texts about anpr cameras in the area to take the car. Y daughter was most distressed. I had to get dart charge to contact them to ensure they stopped. So despite knowledge of mental health, still they harass.

I am checking the position with insurance etc before changing anything, but hopefully at least for now, peace at last.

Thank you all for your help and comments, all taken on board.

Wheels
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