Help completing TE7 and TE9 forms, Appeal against Dart Charge PCN |
Help completing TE7 and TE9 forms, Appeal against Dart Charge PCN |
Fri, 22 Feb 2019 - 09:44
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#1
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New Member Group: Members Posts: 2 Joined: 22 Feb 2019 Member No.: 102,567 |
Hello everyone,
This is my first post here so I'm sorry if there is anything I have overlooked. BACKGROUND I have received a notice from JBW (dated 15/02/2019) advising that a Warrant of Control has been issued due to an unpaid dart charge from 23/08/2018 and that an Enforcement Agent may be required to visit. The notice itself advises that previous notices have been sent to a prevoius address. Indeed, the current notice from JBW is the first I have been made aware of the offence. I have been living at my current address since 30 April 2018 and I have obtained a bank statement proving that I was living at my current address at the time of the offence. I have also printed off an email reply from DVLA dated 3 May 2018, which was a response to my application for a new license under my new address. Unfortunately, I was not aware at the time that I also needed to complete a V5C form in order to get my logbook updated. I understand that I need to fill out TE7 amd TE9 forms in order to appeal to have the charges removed. However, having read on Baliff Advice Online that 65% of these forms are rejected, I was hoping for some advice on the wording I use in my statement on the TE7 form explaining why I am out of time regarding payment. This is what I have drafted this far: "I first became aware of the contravention upon receipt of a notice from JBW dated 15/02/2019. I did not receive the PCN or any subsequent notices as they were all sent to my previous address. At the time of the contravention, my driving license was up-to-date with my new address (xxxx). Having had no previous opportunity to pay the charge for the contravention in question, I hereby ask that the warrant obtained by JBW be revoked and a new PCN be issued to my correct address, in which I have the opportunity to pay the original penalty charge, minus the additional enforcement fees. Please find attached a bank statement confirming my address at the time of the contravention and an email reply from DVLA dated 3 May, in reponse to my application for a licence updated with my new address." I do not know how much time I have before the baliff visit mentioned in the JBW notice and so I would very much appreciate help on this matter as soon as possible so that I can get the forms sent off in a timely manner. Thanks in advance, Laura |
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Fri, 22 Feb 2019 - 09:44
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Fri, 22 Feb 2019 - 14:35
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#2
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Member Group: Members Posts: 21,014 Joined: 22 Apr 2012 Member No.: 54,455 |
We see a lot of cases like this. Essentially, you haven't a leg to stand on because you did not update your V5C. Where do you think DART get your name and address from when they only have the registration number of your car, and nothing else ?
The only way to revert back to the original PCN is to submit an Out-of-Time Statutory Declaration but getting it accepted is the main problem as DART have carried out the process correctly. Every OOT can be, and usually is, opposed by the enforcing authority, (council, TfL, and DART in your case). Your OOT is then refused. At this point you can request a County Court judge review of the decision. This costs £100 and is not reimbursible. However, all may not yet be lost, because forum experience is that DART are very forgiving of motorist's mistakes and an approach to them explaining what has gone wrong may get a result. A result is more likely if you are a DART account holder, but I suspect you aren't. Any reason why you didn't pay the actual toll in the first place ? |
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Fri, 22 Feb 2019 - 16:45
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#3
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New Member Group: Members Posts: 2 Joined: 22 Feb 2019 Member No.: 102,567 |
Thank you for your reply.
Unfortunately I am not a Dart holder. I do not live in London and almost never drive there (usually take the tube or train). My husband sometimes drives to London to see family and it was him using my car on this occasion. Having only seen the JBW notice yesterday, I haven't yet had a chance to find out why he didn't pay the charge, but I assume it was an oversight. Do you think it worthwhile acknowledging my ignorance in not submitting the V5C form and hoping for the best? Appreciate your further assistance, Laura I should add that I don't really have a lot of experience with motor vehicle documents as it is usually my husband who deals with such matters. However, in light of this incidence, I am making it a point to familiarise myself with such matters as a priority. |
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Fri, 22 Feb 2019 - 19:22
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#4
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
Whilst it is your responsibility to update the v5c Dart are not unreasonable in their approach to statutory declarations out of time and might not object.
contact bailiffadviceonline.co.uk/contact-bailiff-advice Sheila there is a regular contributor here and is very good there may be a small fee for her help -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 22 Feb 2019 - 20:10
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#5
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Member Group: Members Posts: 21,014 Joined: 22 Apr 2012 Member No.: 54,455 |
Whilst it is your responsibility to update the v5c Dart are not unreasonable in their approach to statutory declarations out of time and might not object. contact bailiffadviceonline.co.uk/contact-bailiff-advice Sheila there is a regular contributor here and is very good there may be a small fee for her help +1 |
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