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Dart penalty - Marstons, Split from hijacked thread
BillyJohn
post Thu, 25 Apr 2019 - 07:38
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Hi
Can you direct me where to appeal dart charge and how to better do it. I crossed on 26.10.18. And set up pay as you go on 27.10.18. to pay for dart charge. However it showed no registered crossing for vehicle. I'm only driver, keeper received penalty charge letter from marston bailiffs of £190 yesterday. No correspondence from them before. I have to solve it before 1st of may.
Many thanks
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post Thu, 25 Apr 2019 - 07:38
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Neil B
post Thu, 25 Apr 2019 - 08:50
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QUOTE (BillyJohn @ Thu, 25 Apr 2019 - 08:38) *
I have to solve it before 1st of may.

Why?
The owner is legally liable.


Similarly -
QUOTE (BillyJohn @ Thu, 25 Apr 2019 - 08:38) *
No correspondence from them before.

You won't have had any, the RK would. Any reason they can think of that they didn't?


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

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Incandescent
post Thu, 25 Apr 2019 - 13:00
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You need to get in touch with the owner to find out that he did with the following statutory documents: -

1. The Penalty Charge Notice
2. The Charge Certificate
3. The Order for Recovery

Bailiffs (Marstons), cannot be instructed until no response has been made to the Order for Recovery.

If the above documents have never been received, it looks like a typical failure of the owner to keep the address on the V5C for the vehicle updated following a house move. Unless arrangements have been made to re-direct mail, they will have gone to the address on the V5C which was present when DART requested it shortly after the unpaid crossing. Under the law governing DART, the owner has total responsibility for paying or appealing Penalty Charge Notices. This cannot be transferred to the driver of the vehicle.

As for the auto-pay account, it looks like this did not come into operation until the day after it was set-up. The DART charge can be paid in advance, or on-the-day of the crossing and up to midnight of the day following the crossing. You or the owner need to find out what happened when you set it up and why it did not automatically apply the toll to the vehicle used.

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