Marston, and Dartford crossing charge already paid/receipted

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PG1
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Marston, and Dartford crossing charge already paid/receipted

Post by PG1 » 28 Feb 2018 13:42

I received 2 enforcement notices from Marston regarding Dart Changes, dated 6/2/2018, for north and south-bound crossings.

First a little history - the Dart Charge PCNs relate to crossing last year, and I have a receipt for payment. Dart issued PCNs and I submitted a TE9 for both. The PCNs were reissued - I challenged and received no reponse from Dart.

I have 2 notices dated 6/2/2018. The guy turns up this morning @ 6:15 saying that unless I pay £600+ he was clamping and then towing my car. I hadn't quite completed the TE7/TE9 forms (which have now been submitted), and to keep wifely happy I paid via CC.

I have again sent a complaint to Dart both via their website and a signed-for delivery today.

I'd like your view on:

a) has Marston's jumped the gun by turning up today?
b) executing a chargeback once the TE7/TE9 has been acknowledged;
c) getting Dart to acknowledge that the original charge has been paid, and that nothing more is required.

I'm not after anything else, e.g. compensation, at the moment but just want this to stop and for Dart to acknowledge the payment was made, they have made a mistake, and that I'll hear nothing more from them about crossings on the date in question.

Thanks :)

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Pote Snitkin
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Re: Marston, and Dartford crossing charge already paid/receipted

Post by Pote Snitkin » 01 Mar 2018 09:17

Marston are doing what they've been instructed to do by Dart Charge.

Got to ask, did you provide evidence of payment with your original appeal and if so how did you provide it?

All you can really do is keep on at Dart as they remain responsible. If you've provided proof of payment they should pull their finger out and sort it.

I would ensure that along with the refund they cover any interest charges on your credit card.
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Schedule 12
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Re: Marston, and Dartford crossing charge already paid/receipted

Post by Schedule 12 » 02 Mar 2018 15:23

PG1 wrote:
28 Feb 2018 13:42

I'd like your view on:

a) has Marston's jumped the gun by turning up today?
No.

But there has been a recent change in policy with the traffic enforcement centre that stops appellants being notified of an uncussessful appeal if the appeal was made after the wattant of control was issued.

I am working on whether that is a breach of CPR75 or its practice directions.

b) executing a chargeback once the TE7/TE9 has been acknowledged;
A chargeback should only be used as a last resort when the debt or the enforcement is invalid. Chargebacks do not revive a warrant.



c) getting Dart to acknowledge that the original charge has been paid, and that nothing more is required.
The creditor does not need to acknowledge payment. The law says the enforcement power ceases when the "amount outstanding" has been paid. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
  • (3)The property in all goods ceases to be bound when any of these happens—
    • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

      (b)the instrument under which the power is exercisable ceases to have effect;

      (c)the power ceases to be exercisable for any other reason.


If a bailiff takes an enforcement stop after the enforcement power ended, then you can sue by bringing a cause of action under Paragraph 66 of Schedule 12.


I'm not after anything else, e.g. compensation, at the moment but just want this to stop and for Dart to acknowledge the payment was made, they have made a mistake, and that I'll hear nothing more from them about crossings on the date in question.

Thanks :)
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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PG1
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Re: Marston, and Dartford crossing charge already paid/receipted

Post by PG1 » 08 Mar 2018 10:46

Sorry it's taken a while to get back - been away for work.

So first answer - I included a copy of emailed receipt complete with receipt number, registration number, etc.

In response to the second reply - I'd contest that there was never an amount outstanding... I have a reciept and bank statement showing that the amount was paid to Dart.

So I guess that there's no action I can take against Marstons (fair enough, they're just doing as they are told) but that I could take action against Dart as the debt was never there in the first place - hence the question about the chargeback.

I've also received an odd email from Dart saying that they have heard from the TEC and are awaiting the outcome of the appeal...?

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Schedule 12
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Re: Marston, and Dartford crossing charge already paid/receipted

Post by Schedule 12 » 08 Mar 2018 13:17

It looks like Dart charge used a template letter. File it appropriately.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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