4 x Dart charge Notice of Enforcement but original crossing charge paid online

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Cheyenne
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Joined: 08 May 2017 15:10

#1 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by Cheyenne » 08 May 2017 15:19

Hello there folks.

I am a little confused as surprised today.

I have returned home from working away to find 4 x notices of enforcement from JBW regarding some crossings I made last august before opening an account for prepay for Dart Charge. I only started working away extensively with clients in the South East of England last summer.. so previously, I had only ever used the Dartford crossing once.

I had paid the £2.50 crossing charge on the same evening on one occasion, and the other three had been paid the day after.

I thought I had done the correct thing, and lo and behold.. I have come home from a 2 week stint of working away.. and I have 4 x court notices from JBW advising I now have to pay £190.50 x 4.

Obviously I have no intention of paying this, since I had paid the original crossing fees. I cannot afford such a huge amount of money either due to other debts and low wage.

I know there is an out of time appeal notice that I can file, but the options for appeal don't seen to include this particular situation. I have tried to call the 0300 number for Dart Charge, but it is either constantly engaged, or it rings off and the line goes dead, so there is no way I can actually get in touch with them. I know that a lot of folks have had problems with Dart Charge on researching the issues that have arisen since the implementation of the new ANPR and online payments. So if anyone has some advice, it would be greatly appreciated

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Amy
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#2 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by Amy » 08 May 2017 15:46

Do the payments not show on your bank statements?

Cheyenne
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#3 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by Cheyenne » 08 May 2017 15:58

Yes they do, but the appeal notice does not give an option for this to be considered when appealing against the PCN

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Amy
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#4 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by Amy » 08 May 2017 16:20

Cheyenne wrote:
08 May 2017 15:58
Yes they do, but the appeal notice does not give an option for this to be considered when appealing against the PCN
You could do it the old fashioned way and write to them including the bank statements as proof of payment or you could try this option https://www.dartford-crossing-charge.se ... Complaints

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jasonDWB
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#5 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by jasonDWB » 08 May 2017 16:43

Cheyenne wrote:
08 May 2017 15:58
Yes they do, but the appeal notice does not give an option for this to be considered when appealing against the PCN
Then write one on the form. Include evidence of payment.

JBW will target your wheels. Protect yourself: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
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Cheyenne
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Joined: 08 May 2017 15:10

#6 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by Cheyenne » 08 May 2017 19:54

Thanks for that, I actually managed to get in touch with highways England and the lady I spoke to was really helpful. She told me where to download the form and which email to submit it to online to save time and stop action. The only problem is that the phone number for the the TEC for guidance on the correct way of filling it in is constantly engaged...

My vehicle is absolutely essential for my work, since all work is undertaken on site in remote areas (not accesible by public transport). I know trying to convince a bailiff of this is nigh on impossible.. but how can I prevent my car from being taken in the interim whilst I submit the appeal? What if they turn up between the time it takes for me to submit the appeal and the TEC suspending any action?

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jasonDWB
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#7 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by jasonDWB » 08 May 2017 20:27

If the ebay valuation of your car puts its value under £1350 then its exempt.

Bailiffs can create their own valuations but they value the car over £1350 to avail it to them. This is why you need several current ebay sold listings of a like for like car showing it sells for less than £1350.

Even if the bailiff over-values it and it does not fetch £1350 at auction, the enforcement fails and you can sue for damages for giving a false valuation. You can recover up to £50 a day (such amounts are now being awarded by the courts), and you can recover your special damages such as taxi and rental car costs for the date the car was taken until the car is returned and restored by a manfacturer approved service centre to a safe working condition.

Enforcement is only suspended when the forms are returned to the TEC. Until then you are in peril.
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Cheyenne
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#8 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by Cheyenne » 08 May 2017 20:50

The person I spoke to advised that the form can be emailed to the TEC and gave me the email address to send it to.. I hope she was correct

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jasonDWB
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#9 Re: 4 x Dart charge Notice of Enforcement but original crossing charge paid online

Post by jasonDWB » 08 May 2017 21:47

The email address is tec@hmcts.gsi.gov.uk
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