Dartford payment error £2.5 to Marston £190.5 debt

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WOY
Posts: 2
Joined: 28 Nov 2017 17:24

#1 Dartford payment error £2.5 to Marston £190.5 debt

Post by WOY » 28 Nov 2017 18:02

Hello,
My gf had used the dartford crossing on the 08/06/2017 and forgot to pay, on the 29/06/2017 we received a letter about the penalty and at the time had only £5 to pay as it was the first penalty, I had attempted to make the payment by debit card and once I made the payment the page had an on-screen confirmation, I had received no email or letter confirmation of the payment and assumed everything went well.

5 months later, on the 22/11/2017

We received a letter from Marston’s informing of a £190.5 fine and threat of removal of belongings and increase in the penalty by the 3/12/2017 if payment is not made. After some research I had called the Dartford charge authority who informed me that on the 29/06/2017 they had only received £2.5 leading to the penalty.

I have sent an email with the following information to Marston to dispute the penalty. [

Reference: IAxxxxxx
Enforcement agents reference number: xxxxxxxxx
Date of crossing: 08/06/2017
Date of attempted payment: 29/06/2017
Date of notice of enforcement: 20/11/2017
Car registration: xxxxxx
Email with which payment was made: xxxxxxx@hotmail.co.uk

The crossing in question occurred on the 08/06/2017, the penalty charge was received on the 29/06/2017 and payment was attempted for the full crossing at £5. I had believed to have payed the full penalty charge which at the time was £5; due to payment within 14 days of receiving the notice and it being the first penalty charge.
Whether it was a system error or human error only £2.50 was accepted as payment to one crossing, this was unbeknownst to us at the time. After the payment no confirmation email or letters where received from relevant authority. At this time, we had believed to have payed the full charge ending the penalty charge.
On the 22/11/2017 a new penalty charge was received for £190.5 in relation to the 08/06/2017 crossing.
Our main points of dispute are that we attempted to make the full payment on the 29/06/2017 and did not receive any confirmation of the payment which led to this situation as we were unaware the payment was not fully successful. This is also our first penalty charge notice for the Dartford crossing and we would have had no reason not to pay it in full of only £5.
Therefore, we believe it is unfair for us to receive a penalty of £190.5 and threat of removal of belongings based on an unpaid charge of £2.50 which we had attempted to make and had believed to had made and had no reason to suspect otherwise due to the lack of confirmation from the relevant authority related the Dartford crossing.

Information about card from which payment was sent:
Card number: xxxxxxxxxxxxxxxxxxx
Name on card: x x xxxxxxxxxxxx
I xxxxxxxxxxxxx am the partner of xxxxxxxxxxxxxxxx and I have made the payments for the crossing.
]

28/11/2017

Today I had called Marston again, they told me that they had passed on the email to highways England and that if they receive a response they will inform us, I asked about the charge and they told me that if the dispute is not in our favour that we will have to pay immediately by the 4/12/2017. This sounded suspicious as it is against the interest of Marston for the debt to be cancelled and so far, we had only received two letters related to the penalty 5 months apart.
I have contacted Highways England today and they have said that they received no information from Marston’s related to the penalty. They gave me a number for the highway enforcement agency who then told me to fill out a TE7 and TE9 and send them for an out of time application.

Now my question is what should I do? Do I have a chance to dispute the payment?
I know I must fill out the TE7 and TE9, but is there anything else?
For the TE9 do I state that the charge has been paid in full at £5?

Sorry for bothering people and thank you for any response.

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Schedule 12
Posts: 13358
Joined: 30 Jul 2012 21:23
Location: London WC2
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#2 Re: Dartford payment error £2.5 to Marston £190.5 debt

Post by Schedule 12 » 28 Nov 2017 20:41

In Singapore last week there was a news article about the discontent with the traffic and their despised electronic road pricing. The report described the UK's c-charge and growing network of camera tolls. The Dartford crossing got a mention in the way that (British) subjects miss a £2.50 charge can cost them a £10,000 car. Singapore thought they got it hard.

WOY wrote:
28 Nov 2017 18:02
Hello,
My gf had used the dartford crossing on the 08/06/2017 and forgot to pay, on the 29/06/2017 we received a letter about the penalty and at the time had only £5 to pay as it was the first penalty, I had attempted to make the payment by debit card and once I made the payment the page had an on-screen confirmation, I had received no email or letter confirmation of the payment and assumed everything went well.

5 months later, on the 22/11/2017

We received a letter from Marston’s informing of a £190.5 fine and threat of removal of belongings and increase in the penalty by the 3/12/2017 if payment is not made. After some research I had called the Dartford charge authority who informed me that on the 29/06/2017 they had only received £2.5 leading to the penalty.

Its easier to register the car and the toll crossing charges are automatic. You get a text when you make a crossing. This happens when a bailiff seizes a car and takes on the back of a transporter and makes the crossing.



I have sent an email with the following information to Marston to dispute the penalty. [

Reference: IAxxxxxx
Enforcement agents reference number: xxxxxxxxx
Date of crossing: 08/06/2017
Date of attempted payment: 29/06/2017
Date of notice of enforcement: 20/11/2017
Car registration: xxxxxx
Email with which payment was made: xxxxxxx@hotmail.co.uk

The crossing in question occurred on the 08/06/2017, the penalty charge was received on the 29/06/2017 and payment was attempted for the full crossing at £5. I had believed to have payed the full penalty charge which at the time was £5; due to payment within 14 days of receiving the notice and it being the first penalty charge.
Whether it was a system error or human error only £2.50 was accepted as payment to one crossing, this was unbeknownst to us at the time. After the payment no confirmation email or letters where received from relevant authority. At this time, we had believed to have payed the full charge ending the penalty charge.
On the 22/11/2017 a new penalty charge was received for £190.5 in relation to the 08/06/2017 crossing.

Have you appealed?

Your grounds are that you made or attempted to make payment for the £5 amount owed but the equipment or person handling the payment did not process it correctly.




Our main points of dispute are that we attempted to make the full payment on the 29/06/2017 and did not receive any confirmation of the payment which led to this situation as we were unaware the payment was not fully successful. This is also our first penalty charge notice for the Dartford crossing and we would have had no reason not to pay it in full of only £5.
Therefore, we believe it is unfair for us to receive a penalty of £190.5 and threat of removal of belongings based on an unpaid charge of £2.50 which we had attempted to make and had believed to had made and had no reason to suspect otherwise due to the lack of confirmation from the relevant authority related the Dartford crossing.

Information about card from which payment was sent:
Card number: xxxxxxxxxxxxxxxxxxx
Name on card: x x xxxxxxxxxxxx
I xxxxxxxxxxxxx am the partner of xxxxxxxxxxxxxxxx and I have made the payments for the crossing.
]

28/11/2017

Today I had called Marston again,
Do not call them. They are a commercial business out to make money. They will mess you about. Follow the correct procedure and make an appeal. Here is how: http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm


they told me that they had passed on the email to highways England and that if they receive a response they will inform us, I asked about the charge and they told me that if the dispute is not in our favour that we will have to pay immediately by the 4/12/2017. This sounded suspicious as it is against the interest of Marston for the debt to be cancelled and so far, we had only received two letters related to the penalty 5 months apart.
I have contacted Highways England today and they have said that they received no information from Marston’s related to the penalty. They gave me a number for the highway enforcement agency who then told me to fill out a TE7 and TE9 and send them for an out of time application.

Now my question is what should I do? Do I have a chance to dispute the payment?
I admit, this is not your strongest grounds, but it costs nothing to make the application. You might get lucky and the TEC will revoke the enforcement and let you pay the original PCN.



I know I must fill out the TE7 and TE9, but is there anything else?
For the TE9 do I state that the charge has been paid in full at £5?
No. see above..,


Sorry for bothering people and thank you for any response.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

WOY
Posts: 2
Joined: 28 Nov 2017 17:24

#3 Re: Dartford payment error £2.5 to Marston £190.5 debt

Post by WOY » 28 Nov 2017 21:53

I have not appealed yet, this is only the second letter we have received regarding the Dartford crossing, the first one a PCN on the 29/06/2017 and the Marston notice of enforcement on the 22/11/2017.

I had made no appeal against the PCN at the time because it was £5 and I was willing to pay it, its just that the payment was not fully successful, I have records of only £2.5 being taken for the dart charge PCN on the 29/06/2017. From that point till the 22/11/2017 I was unaware anything was wrong.

I have received an email from TEC about the out of time application, they have sent me the TE7 and TE9 forms. We will see the citizens advice bureau tomorrow.

beauty
Posts: 12
Joined: 13 Mar 2017 13:24

#4 Re: Dartford payment error £2.5 to Marston £190.5 debt

Post by beauty » 06 Dec 2017 19:34

Hi, thank you for the information above . I received today a letter from Marston, stated The A282 Trunk Road Dartford on the
24/09/2016 and just came today 6/12/20I7 will definitely call the information you gave above. Thanks.

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