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Dart charge error in paying PCN leading to marston letter
WOY
post Wed, 29 Nov 2017 - 21:46
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Hello,
I have posted this on the ballifhelpforum two days ago.

My gf had used the dartford crossing on the 08/06/2017 and forgot to pay, on the 29/06/2017 we received a letter about the penalty and at the time had only £5 to pay as it was the first penalty, I had attempted to make the payment by debit card and once I made the payment the page had an on-screen confirmation, I had received no email or letter confirmation of the payment and assumed everything went well.

5 months later, on the 22/11/2017

We received a letter from Marston’s informing of a £190.5 fine and threat of removal of belongings and increase in the penalty by the 3/12/2017 if payment is not made. After some research I had called the Dartford charge authority who informed me that on the 29/06/2017 they had only received £2.5 leading to the penalty.

Attached Image


I have sent an email with the following information to Marston to dispute the penalty. [

Reference: IAxxxxxx
Enforcement agents reference number: xxxxxxxxx
Date of crossing: 08/06/2017
Date of attempted payment: 29/06/2017
Date of notice of enforcement: 20/11/2017
Car registration: xxxxxx
Email with which payment was made: xxxxxxx@hotmail.co.uk

The crossing in question occurred on the 08/06/2017, the penalty charge was received on the 29/06/2017 and payment was attempted for the full crossing at £5. I had believed to have payed the full penalty charge which at the time was £5; due to payment within 14 days of receiving the notice and it being the first penalty charge.
Whether it was a system error or human error only £2.50 was accepted as payment to one crossing, this was unbeknownst to us at the time. After the payment no confirmation email or letters where received from relevant authority. At this time, we had believed to have payed the full charge ending the penalty charge.
On the 22/11/2017 a new penalty charge was received for £190.5 in relation to the 08/06/2017 crossing.
Our main points of dispute are that we attempted to make the full payment on the 29/06/2017 and did not receive any confirmation of the payment which led to this situation as we were unaware the payment was not fully successful. This is also our first penalty charge notice for the Dartford crossing and we would have had no reason not to pay it in full of only £5.
Therefore, we believe it is unfair for us to receive a penalty of £190.5 and threat of removal of belongings based on an unpaid charge of £2.50 which we had attempted to make and had believed to had made and had no reason to suspect otherwise due to the lack of confirmation from the relevant authority related the Dartford crossing.

Information about card from which payment was sent:
Card number: xxxxxxxxxxxxxxxxxxx
Name on card: x x xxxxxxxxxxxx
I xxxxxxxxxxxxx am the partner of xxxxxxxxxxxxxxxx and I have made the payments for the crossing.
]

28/11/2017

Today I had called Marston again, they told me that they had passed on the email to highways England and that if they receive a response they will inform us, I asked about the charge and they told me that if the dispute is not in our favour that we will have to pay immediately by the 4/12/2017. This sounded suspicious as it is against the interest of Marston for the debt to be cancelled and so far, we had only received two letters related to the penalty 5 months apart.
I have contacted Highways England today and they have said that they received no information from Marston’s related to the penalty. They gave me a number for the highway enforcement agency who then told me to fill out a TE7 and TE9 and send them for an out of time application.

29/11/2017

I have filled out and sent a TE7 and TE9 with information regarding the payment error, I have been really caught of guard by this whole situation and have been rushing to get it sorted.
Thank you for reading and for any response.
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