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[NIP Wizard] Dartfort crossing - account set up AFTER crossings made
chrisSz
post Fri, 18 May 2018 - 21:59
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2018
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - The A282 Trunk Road Dartford Crossing Southbound and Northbound
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - Co-owner of the vehicle
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - We went through Dartford Crossing and back in our vehicle (registered to my partner) on long weekend Monday. After coming home the same evening (7th May) I set up a pay-as-you-go account to pay for the charge. Neither the charges or crossings shown on my account, but I have noticed a disclaimer that crossings can take up to 48 hours to appear on the account. I have checked next day and there were still no crossings appearing on the account. I forgot about it until more than a week later - I went to check again and, still not seeing any crossing, went back to the account set up page only to find out that the account would not work for the crossings done before it was set up.
So, I am now facing a payment of minimum 75 pounds for the two crossings I haven't paid for. Is there any point disputing the charges and on what grounds? Heavy traffic on holiday Monday, which made me tired and not careful enough to read the conditions before setting up the account? One can conclude that I was willing to pay the charges and that the disclaimer about the 48 hours was confusing. Neither of the above falls into the categories on which I can apparently appeal the charges (according to the note on the back of the notice). Please advise.
Many thanks, Chris


NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Do nothing!

    The police are not requesting the information from you, they are requesting it from the person the NIP is addressed to.
    Wait until you receive a NIP addressed to you personally, then come back here.

Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 18 May 2018 21:59:47 +0000
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post Fri, 18 May 2018 - 21:59
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southpaw82
post Fri, 18 May 2018 - 22:06
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Is what you’ve received heads Notice of Intended Prosecution?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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chrisSz
post Sun, 20 May 2018 - 09:55
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No, it says Penalty Charge Notice.
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DancingDad
post Sun, 20 May 2018 - 11:08
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Phone dart bridge people, they sometimes are lenient, especially if first offence and it looks like an honest mistake.
Be polite, remember you are asking for a favour.
If that doesn't work, can challenge in writing by telling your story and asking for them to exercise discretion and cancel.
Or grab discount.

I'd phone them first.
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Neil B
post Sun, 20 May 2018 - 11:10
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QUOTE (chrisSz @ Sun, 20 May 2018 - 10:55) *
No, it says Penalty Charge Notice.

How do you have it if not yours?


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

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DancingDad
post Sun, 20 May 2018 - 11:14
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QUOTE (Neil B @ Sun, 20 May 2018 - 12:10) *
QUOTE (chrisSz @ Sun, 20 May 2018 - 10:55) *
No, it says Penalty Charge Notice.

How do you have it if not yours?

Presumably cos lives with partner biggrin.gif

But is valid, don't forget you can only deal with in on partner's behalf and if anything in writing, they need to countersign or be in their name.

This post has been edited by DancingDad: Sun, 20 May 2018 - 11:15
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Neil B
post Sun, 20 May 2018 - 11:58
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QUOTE (DancingDad @ Sun, 20 May 2018 - 12:14) *
QUOTE (Neil B @ Sun, 20 May 2018 - 12:10) *
QUOTE (chrisSz @ Sun, 20 May 2018 - 10:55) *
No, it says Penalty Charge Notice.

How do you have it if not yours?

Presumably cos lives with partner biggrin.gif

I missed that amongst the NIP waffle.


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

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cp8759
post Sun, 20 May 2018 - 22:46
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The first penalty comes with a covering letter saying if you pay the £2.50 crossing fee within 14 days, you don't have to pay the PCN. I would pay that immediately to get the first one cancelled. As for the second one, sending an explanation and asking them to use discretion to cancel would be sensible at this point, not sure you have anything else to go on. Dart charge are known for being a reasonable authority.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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chrisSz
post Wed, 23 May 2018 - 20:37
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Hi All - thank you for your helpful tips. I did phone the DART people and they kindly agreed to cancel the penalty. They have charged me for crossings using my online account, so it is a happy end. Have a good long weekend everyone. Chris
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