paid a Dartcharge last year.

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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madonmercato
Posts: 1
Joined: 16 May 2017 16:07

#1 paid a Dartcharge last year.

Post by madonmercato » 16 May 2017 16:57

Hi there,
Im pretty stressed out presently......
Firstly I have Aspergers so on autism spectrum. Obviously this is lifelong and I am formally diagnosed.
Last summer I received a Dart fine.....which I rang up about and spoke to a lady called Eileen - who told me that as Id made contact quickly they would fine me £10 instead of £70 - so I paid by card there and then. The amount of £10 shows on my bank statement to Gov.Uk/Dartcharge as going through on 1st September.
I assumed, as Eileen told me everything was sorted (she was a nice lady - Id told her about my aspergers during our call)
At the end of April this year, I had a bailiff turn up from a company JBL. I was quite surprised when he said it was for Dart Toll and told him Id paid it last year. I showed him on my phone, via my bank app the payment had gone through. He checked my autism alert card. My son who is 16 came and stood with me. His name was Mike and he told me to email the tec and to inform them that Mike the Bailiff said he'd seen necessary evidence and he was satisfied everything was in order. Which I did. He also asked that I pay another £10 to DartCharge. Which I did.
The next day, I had Marston Holdings arrive. My son was at school so I was on my own. I explained that Id already spoken with Mike the Bailiff yesterday and he was satisfied with the evidence Id shown him. The chap from Marstons phoned his HQ who told him to proceed. I called the Kent Autistic Trust, who told me (on loudspeaker so he could hear) not to give him anything and to call the police. He said "the police wont help you" which scared me.....so I didn't call the police. However, because Im so naive (aspergers) he came in. He said that Id been taken to court. I denied having ever been to court. He then told me that he meant, I hadnt turned up at court. I had no idea what he was talking about and said so. I told him I had no idea I was even supposed to have gone to court. He told me the court summons had been sent electronically - I asked what he meant. He said "I mean no human has touched it" Anyway I was in a dreadful anxious state, he rolled me a cigarette as he could see I was shaking so much I could not. Eventually, I managed to get hold of my stepdad who paid £425.50 over the phone. (now I owe my stepdad) Marstons gave me a receipt and he told me to claim it back and that they have absolutely hundreds of dart charges and that I should complain as nothing would change if people dont complain.
I thought that was the end of it. But the next evening, my son answered the door to another bailiff from a company called Equita. I wasn't in but he handed my son the enforcement notice and told him to get me to phone him. I was too scared to phone him so got a friend to do that for me. I sent him a copy of my autism alert card (by SMS) It had all been explained to him by my friend. He said that if I had proof in my bank statement, then "bingo" - everything would stop.

On Tuesday 2nd May, my support lady from Kent Autistic Trust came to help me by way downloading TE7 and TE9 forms and printing them. she phoned the TEC while she was here just to check. They gave her a few PCN's so we had to print more TE7's and TE9's for each one. There were not hundreds - three for Dart.....but the man at TEC brought her attention to another fine - a parking one which I had paid ages ago. Again this showed on my bank statement. BUT we still had to do a form TE7 and TE9 - for it. Which utterly confused me as it had been paid. The man told Jackie my support worker that my parking fine was still showing as "active"

The TE7's and TE9's got posted "signed for" that same day. I was under the impression from my Kent autistic Trust lady, that I was now okay..... SO imagine my shock when yesterday I received another letter from Equita telling me that they will be coming here to remove my property to the value of £425.50 - and this morning at 8am another bailiff from JBW was at my door. He left after seeing my autism card but told me that the TE7's and TE9's had run out and that I must do something.

What though......what do I do? Ive been so scared. I dont know who to call, I cant talk to people because I start stammering. I never seem to get heard, and have not seen these other PCN's and on asking for copies Ive been ignored. What do I do. (Oh, I have JUST been awarded PIP for enhanced living component, which should start in 10 days the DWP said) All emails to tec I now copy sevenoaks citizens advice in on....they told me the Marstons Bailiff acted inappropriately by even coming into my house and making me pay(via my stepdad) Again what do I do? Im a lone parent, with Aspergers.
Any advice to get Highway UK off my back would be gratefully received. It may not seem much to anyone else but my life is being made utterly intolerable. Im too scared to leave my home, and Im scared in my home. How do I get them to leave me alone please.

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jasonDWB
Posts: 14827
Joined: 30 Jul 2012 21:23
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#2 Re: paid a Dartcharge last year.

Post by jasonDWB » 16 May 2017 18:44

madonmercato wrote:
16 May 2017 16:57
Hi there,
Im pretty stressed out presently......
Firstly I have Aspergers so on autism spectrum. Obviously this is lifelong and I am formally diagnosed.
Last summer I received a Dart fine.....which I rang up about and spoke to a lady called Eileen - who told me that as Id made contact quickly they would fine me £10 instead of £70 - so I paid by card there and then. The amount of £10 shows on my bank statement to Gov.Uk/Dartcharge as going through on 1st September.
I assumed, as Eileen told me everything was sorted (she was a nice lady - Id told her about my aspergers during our call)
At the end of April this year, I had a bailiff turn up from a company JBL.
If this is the same Dart charge then they cannot bring an enforcement action. They agreed to cease and they have reneged on that. It's called estoppel by representation.



I was quite surprised when he said it was for Dart Toll and told him Id paid it last year. I showed him on my phone, via my bank app the payment had gone through. He checked my autism alert card. My son who is 16 came and stood with me. His name was Mike and he told me to email the tec and to inform them that Mike the Bailiff said he'd seen necessary evidence and he was satisfied everything was in order. Which I did. He also asked that I pay another £10 to DartCharge. Which I did.
The next day, I had Marston Holdings arrive. My son was at school so I was on my own. I explained that Id already spoken with Mike the Bailiff yesterday and he was satisfied with the evidence Id shown him. The chap from Marstons phoned his HQ who told him to proceed. I called the Kent Autistic Trust, who told me (on loudspeaker so he could hear) not to give him anything and to call the police. He said "the police wont help you" which scared me.....so I didn't call the police.
You could well be a vulnerable person, and when the bailiff saw you calling the KAT, he should have withdrawn from the premises. He did not, and he breached Paragraph 16 of the Taking Control of Goods: National Standards 2014 (Published by the Ministry of Justice), which states:
  • Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary.
The bailiff company told the bwiliff to proceed.











However, because Im so naive (aspergers) he came in. He said that Id been taken to court.

You not "taken to court". There is no summons for civil traffic offences. The dart charge company makes an application to the Traffic Enforcement Centre for authority to recover the sum.


I denied having ever been to court. He then told me that he meant, I hadnt turned up at court. I had no idea what he was talking about and said so. I told him I had no idea I was even supposed to have gone to court. He told me the court summons had been sent electronically

The bailiff has been lying to you. There is no "summons".





[/quote]
- I asked what he meant. He said "I mean no human has touched it" Anyway I was in a dreadful anxious state, he rolled me a cigarette as he could see I was shaking so much I could not. Eventually, I managed to get hold of my stepdad who paid £425.50 over the phone. (now I owe my stepdad) Marstons gave me a receipt and he told me to claim it back and that they have absolutely hundreds of dart charges and that I should complain as nothing would change if people dont complain.[/quote]

You can do a recovery through the courts. Contact me if you want to start work. I can draft your claim for you and if you are registered autistic, I can arrange for a McKenzie friend to come to court to help you.

At minimum, you can recover the fees. Legislation stands in your favour. Its a simple claim.


I thought that was the end of it. But the next evening, my son answered the door to another bailiff from a company called Equita. I wasn't in but he handed my son the enforcement notice and told him to get me to phone him. I was too scared to phone him so got a friend to do that for me. I sent him a copy of my autism alert card (by SMS) It had all been explained to him by my friend. He said that if I had proof in my bank statement, then "bingo" - everything would stop.

On Tuesday 2nd May, my support lady from Kent Autistic Trust came to help me by way downloading TE7 and TE9 forms and printing them.
You have more than one PCN. Which is it? You need to maintain separate correspondence files for each PCN.


she phoned the TEC while she was here just to check. They gave her a few PCN's so we had to print more TE7's and TE9's for each one. There were not hundreds - three for Dart.....but the man at TEC brought her attention to another fine - a parking one which I had paid ages ago. Again this showed on my bank statement. BUT we still had to do a form TE7 and TE9 - for it. Which utterly confused me as it had been paid. The man told Jackie my support worker that my parking fine was still showing as "active"

The TE7's and TE9's got posted "signed for" that same day. I was under the impression from my Kent autistic Trust lady, that I was now okay..... SO imagine my shock when yesterday I received another letter from Equita telling me that they will be coming here to remove my property to the value of £425.50 - and this morning at 8am another bailiff from JBW was at my door. He left after seeing my autism card but told me that the TE7's and TE9's had run out and that I must do something.

What though......what do I do? Ive been so scared. I dont know who to call, I cant talk to people because I start stammering. I never seem to get heard, and have not seen these other PCN's and on asking for copies Ive been ignored. What do I do. (Oh, I have JUST been awarded PIP for enhanced living component, which should start in 10 days the DWP said) All emails to tec I now copy sevenoaks citizens advice in on....they told me the Marstons Bailiff acted inappropriately by even coming into my house and making me pay(via my stepdad) Again what do I do? Im a lone parent, with Aspergers.
Any advice to get Highway UK off my back would be gratefully received. It may not seem much to anyone else but my life is being made utterly intolerable. I'm too scared to leave my home, and Im scared in my home. How do I get them to leave me alone please.

There is legislation designed to protect vulnerable people from bailiffs, but it's thin on the ground. I can persuade courts to redress claims for enforcement against vulnerable people. but I would need you to be present at the hearing.

I cannot say too much about the procedures in open forum because bailiff companies read these boards and I don't want them learning them or developing workarounds.
Author, Dealing with Bailiffs. Beat the Bailiffs
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