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Dart TE9 >>> fresh PCN
Michael Gibson
post Thu, 3 May 2018 - 16:12
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After a successful TE9 has got rid of a CC and OfR for a Dart PCN, how long to Dart have to reissue please?

Thanks
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post Thu, 3 May 2018 - 16:12
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PASTMYBEST
post Thu, 3 May 2018 - 16:23
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QUOTE (Michael Gibson @ Thu, 3 May 2018 - 17:12) *
After a successful TE9 has got rid of a CC and OfR for a Dart PCN, how long to Dart have to reissue please?

Thanks


Nothing specified in the regs so it would come down to common law fairness

http://www.legislation.gov.uk/uksi/2013/1783/contents/made


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Neil B
post Sat, 5 May 2018 - 10:56
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Assuming "reissue" is the appropriate action, which we don't know.

?


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

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Michael Gibson
post Wed, 9 May 2018 - 13:26
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Well, the "reissue" is a presumption based on the fact that it still shows as live on the online system...
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PASTMYBEST
post Wed, 9 May 2018 - 13:49
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QUOTE (Michael Gibson @ Wed, 9 May 2018 - 14:26) *
Well, the "reissue" is a presumption based on the fact that it still shows as live on the online system...


What does the revocation order say. Is it that the CC and OfR are revoked or CC OfR and PCN


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Neil B
post Wed, 9 May 2018 - 20:59
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Telling us on what grounds a Witness Statement was made would be a start.


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

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Michael Gibson
post Thu, 10 May 2018 - 11:08
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CC and OFR revoked.

Dart have/had a thing where you could pay the 2.50 charge in lieu of the PCN cost. This was done, but the CC was issued.
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PASTMYBEST
post Thu, 10 May 2018 - 11:13
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QUOTE (Michael Gibson @ Thu, 10 May 2018 - 12:08) *
CC and OFR revoked.

Dart have/had a thing where you could pay the 2.50 charge in lieu of the PCN cost. This was done, but the CC was issued.


so PCN not revoked, if you filed a stat dec as not received then they need to re issue i would phone them. what they have done in the past on a discretionary basis is of no bearing


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Neil B
post Thu, 10 May 2018 - 19:30
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My response this afternoon seems to have disappeared?
QUOTE (Michael Gibson @ Thu, 10 May 2018 - 12:08) *
Dart have/had a thing where you could pay the 2.50 charge in lieu of the PCN cost. This was done, but the CC was issued.

I have no idea what this means.

I asked, simply, what was the reason for filing a Witness Statement?

There are only four available grounds; which one?


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

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Michael Gibson
post Sat, 12 May 2018 - 08:57
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First first PCNs, DART would send a covering letter attached that you could pay the £2.50 DART charge instead of the PCN.

This was done.

CC then OfR issued regardless.

TE9 + proof of payment filed and accepted to cancel CC and OfR.

Still on the DART portal as at OfR stage.
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The Rookie
post Sat, 12 May 2018 - 09:56
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So the portal hasn't been updated so what it says isn't really relevant unless/until it is.


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PASTMYBEST
post Sat, 12 May 2018 - 10:04
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So you made a witness statement on ground 4 here

https://www.trafficpenaltytribunal.gov.uk/w...ess-statements/

So should be forwarded to TPT for decision


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Neil B
post Sat, 12 May 2018 - 12:46
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QUOTE (PASTMYBEST @ Sat, 12 May 2018 - 11:04) *
So you made a witness statement on ground 4 here

https://www.trafficpenaltytribunal.gov.uk/w...ess-statements/

So should be forwarded to TPT for decision

Exactly.


QUOTE (Michael Gibson @ Sat, 12 May 2018 - 09:57) *
First first PCNs, DART would? send a covering letter attached that you could pay the £2.50 DART charge instead of the PCN.

And was that so in this case?
Or did you make a unilateral decision to pay only the toll, without that option being offered?


QUOTE (Michael Gibson @ Sat, 12 May 2018 - 09:57) *
TE9 + proof of payment filed and accepted to cancel CC and OfR.

The Witness Statement only permits you to say the PCN has been paid.


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

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Michael Gibson
post Sat, 12 May 2018 - 14:28
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QUOTE (Neil B @ Sat, 12 May 2018 - 13:46) *
QUOTE (PASTMYBEST @ Sat, 12 May 2018 - 11:04) *
So you made a witness statement on ground 4 here

https://www.trafficpenaltytribunal.gov.uk/w...ess-statements/

So should be forwarded to TPT for decision

Exactly.

I don't think they have done yet.


QUOTE (Michael Gibson @ Sat, 12 May 2018 - 09:57) *
First first PCNs, DART would? send a covering letter attached that you could pay the £2.50 DART charge instead of the PCN.

And was that so in this case?
Or did you make a unilateral decision to pay only the toll, without that option being offered?

This was offered and was paid.


QUOTE (Michael Gibson @ Sat, 12 May 2018 - 09:57) *
TE9 + proof of payment filed and accepted to cancel CC and OfR.

The Witness Statement only permits you to say the PCN has been paid.


That's the choice we used.
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Neil B
post Sat, 12 May 2018 - 23:41
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QUOTE (The Rookie @ Sat, 12 May 2018 - 10:56) *
So the portal hasn't been updated so what it says isn't really relevant unless/until it is.

If Dart ignore the revoking Order then that 'until' is bailiffs.

I suggest you ask DC how they intend to proceed/if they have yet sought TPT directions Michael.


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

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Michael Gibson
post Thu, 17 May 2018 - 09:07
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Just received a letter confirming cancellation. Whoop!

Have a lovely day all!
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