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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
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    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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DART charge


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My on-going battle with Dart Charge continues as once again

 

I made the crossing on a Sunday

when I got back the local Paypoint shop was closed.

 

I tried 3 others in town and the surrounding area only to be told they had got rid of the PayPoint machines or they weren't working.

Subsequently I forgot all about it until the Tuesday when I called Dart charge and told them I'd forgot and they said 'tough, you'll get fined now even if you pay'.

 

I appealed on line after calling them today to ask if I could pay and avoid the fine

(I knew it was hopeless but others tell me this has worked for them),

only to be told there's no other way to do it,

which is wrong as you can appeal by post.

 

I can't understand how it is legal for a private company (Le Crossing) to issue fines,

I thought only court, plod and LA's could do that?

 

For what it's worth my appeal is below,

I know it will get laughed at by Dart Charge but I'm making them work for their highway robbery:

 

Once again I had to use the crossing on a Sunday and on returning I found that all the local pay points were either not working or closed, I tried 4 shops.

 

Your call centre was down on the Sunday so I couldn't make payment until the next day.

I work for the NHS so I am extremely busy and I am not allowed to leave the medical area while I'm at work and our phones can't dial your number.

 

When I remembered I hadn't paid, I called your call centre on Tuesday to make a payment and was advised that I would still be fined.

 

I believe there should be a longer period to make a payment and there should be easier ways to pay, as I do not have access to a computer (I'm in the library now) and if paypoints are not working and your call centre is down, how can I pay the charge?

 

Also why does each crossing incur a separate fine?

A journey consists of outbound and inbound, that's one journey so it should be one fine per day.

 

I also question the legality of a private company imposing fines on the general public, I'm sure that only Local Authorities, Police and Courts can issue fines, what right does Le Crossing Company Limited (Limited means it is a private company) have to issue fines?

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It is a penalty charge notice not a fine and you'll get bailiffs soon if you don't sort it

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hmm... I think you're missing the point of my post,

 

I have 'sorted it' as I've appealed with the rather pointless appeal above to make them work for their money, when that gets rejected I'll cough up, my mistake and it hits me in the pocket because I'm a bad person for having a car and needing to cross the river to take my stepson to Uni which I'm paying for as we don't qualify for any type of grant as we are just over the threshold income wise.

 

Sometimes a rant helps the bad taste go away.

 

Overall the point I was making for the sake of discussion was that 'Le Crossing' is a limited company and therefore a private entity - so how can a private company enforce a fine?

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What is to stop you appealing by post ?.

 

Nothing and I could have, but that's not what the Dart Charge Call Centre Customer Services told me - my point is that the organiastion is in disarry and it is a rip off charge as all other crossings are paid for by the Government.

 

The original twin tunnel Dartford Crossing was owned by the Port of London Authority who promised they would stop charging a toll when the crossing was paid for, then it got sold to a private company (probably illegally but what government has any morals) and it is now a money making exercise with the most difficult payment system for a toll known to man.

 

I know an eighty year old man who has no idea what a computer is and quiite frankly why should he have to learn now? Also do you think he can afford a PC, an internet subscription and software to be able to pay this charge?

 

No, he needs to rely on a local pay point which there are now none of, or the Dart Charge Call Centre which was broken down at the time.

 

Any other private company managed in this manner would be bankrupt in months, it's funny how a French company own the crossing, yet French motorists would not tolerate such a charge.

 

At least Dick Turpin wore a mask when he committed highway robbery.

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I can sympathise with the points you make up to a point, but none of those arguments have any legal standing. It is the same with the London Congestion Charge - there are ways and means of avoiding the penalties and whilst it may be inconvenient when some of them are unavailable, that doesn't render any resulting penalty unlawful. Why not set up a Dart account to avoid having to pay 'per journey'?

 

I too agree that the charges were meant to have been creased when the crossing was paid for, but you and I can't do anything about the fact that they are still there. Same with the power to issue and enforce penalties - they have been given the proper authority to do so, so we are stuck with it

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Nothing and I could have, but that's not what the Dart Charge Call Centre Customer Services told me - my point is that the organiastion is in disarry and it is a rip off charge as all other crossings are paid for by the Government.

 

The original twin tunnel Dartford Crossing was owned by the Port of London Authority who promised they would stop charging a toll when the crossing was paid for, then it got sold to a private company (probably illegally but what government has any morals) and it is now a money making exercise with the most difficult payment system for a toll known to man.

 

I know an eighty year old man who has no idea what a computer is and quiite frankly why should he have to learn now? Also do you think he can afford a PC, an internet subscription and software to be able to pay this charge?

 

No, he needs to rely on a local pay point which there are now none of, or the Dart Charge Call Centre which was broken down at the time.

 

Any other private company managed in this manner would be bankrupt in months, it's funny how a French company own the crossing, yet French motorists would not tolerate such a charge.

 

At least Dick Turpin wore a mask when he committed highway robbery.

 

I'm glad I asked the question for it has bought the best out of you and hey I'm on your side.

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I can sympathise with the points you make up to a point, but none of those arguments have any legal standing. It is the same with the London Congestion Charge - there are ways and means of avoiding the penalties and whilst it may be inconvenient when some of them are unavailable, that doesn't render any resulting penalty unlawful. Why not set up a Dart account to avoid having to pay 'per journey'?

 

I too agree that the charges were meant to have been creased when the crossing was paid for, but you and I can't do anything about the fact that they are still there. Same with the power to issue and enforce penalties - they have been given the proper authority to do so, so we are stuck with it

 

Laws are meant to be broken if they are so obviously wrong.

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I'm sure that only Local Authorities, Police and Courts can issue fines,…

 

You are, strictly speaking, incorrect. Only courts can issue fines. Charges levied by other authorities and private concerns are properly “Penalty Charges”.

 

I understand your frustration but life is how it is not how we’d like it to be.

 

None of your arguments hold any water legally (though morally I agree with many of them).

 

With that in mind and since you obviously lead a busy life why don’t you simply open a DartCharge account?

Stick a tenner on and you get the crossing price reduced by a third and no hassle with remembering (or forgetting) to pay it.

You can even arrange an auto top-up for when your credit gets low.

It would take you far less time than you’ve spent explaining your plight here.

 

I only use the crossing two or three times a year but I have an account because it makes life easy.

Yes it makes life easy for “them” too but life’s a bit too short to pick fights with organisations like this who will be only too pleased to execute their expensive enforcement processes until the cows come home.

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Interesting point, I did have a Dart Charge account when they first took away the toll booths. After several double dips by Dart charge where I was charged 4 times for a single return journey I cancelled the account.

 

This happened to some of my friends as well, so I wasn't an isolated case.

 

Now I am very careful about who I give any ability to debit my bank account to.

 

Definitely not Dart Charge, TFL or Capita (TVL).

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Cannot comment on that only to say that it has never happened to me or anybody I know.

 

Having said that, it must surely be easier to argue that you did not make a crossing in the same direction within a short period of time than it is to argue that you have a reasonable excuse for neglecting to pay the charge on time.

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Overall the point I was making for the sake of discussion was that 'Le Crossing' is a limited company and therefore a private entity - so how can a private company enforce a fine?

 

The simple answer is that they (Highways England) cannot enforce a fine.

 

What happens is that if the Dart Charge remains unpaid, Highways England will register the debt with the court (in this case, the Traffic Enforcement Centre....which forms part of Northampton County Bulk Centre). The fee to register (the debt) is £8 and that fee will be added to the debt.

 

Once the debt is registered, Highways England can request permission from the court for a warrant to be issued. The warrant will be passed to one of three enforcement companies under contract to Highways England.....either JBW Judicial Services Ltd, Equita Ltd or Marston Holdings.

 

For the avoidance of doubt....the debt is NOT a fine.....it is a penalty.

 

PS: Although the debt is registered with the court....it does not affect the individuals credit file. There is no judgment.

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My Experience of the DART charge is different and I think I should defend them. Earlier on in the year i crossed south, did some work and went back north. I completely forgot to pay, both way's. Several days later i remembered, went onto the website and paid for both ways. I thought that was it.

 

However a few weeks went by and i got two letters, the first one said if i paid by phone i would not get a charge as this was the first time this has happened. The second letter said i'h had my chance and it was £70.

 

I rang DART and the guy couldn't have been more helpful. I paid the two outstanding crossings (Now i was two in credit) and he cancelled the charges. His advice was to use my two credits, which i did and set up a PAYG account.

 

Now i don't worry at all.

 

H

44 years at the pointy end of the motor trade. :eek:

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I think the Dartcharge bods can be helpful when they are poked into action because it saves having to admit it all goes wrong so often. There is a chap by the name of Tim in charge of the dept that can sort out the mess, his full name, and job title etc are on aonther dartcharge thread somewhere.

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  • 3 weeks later...

Update: unsurprisingly I got the standard appeal rejection letter and a further 14 days to pay the original penalty amount of £35 plus the crossing charge for each crossing.

 

So that's £75 they've got [removed]

I hope they choke on it, [removed]

Edited by dx100uk
behave - dx
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This was always going to end in tears:

 

 

 

Sensible suggestions to avoid a repetition have fallen on deaf ears.

 

To suggest there was repetition is wrong, just the same event and the outcome was always inevitable.

 

I raised an appeal so they at least had to put some effort in to get their ill gotten gains.

 

Perhaps you need an oxygen mask on your high horse to help clear your head.

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I really don't understand why Hammy1962 felt it nessecary to report my post as racist, seems to be very petty as was removing the starred out swear word - it was starred out for God's sake, are you all that easily offended?

 

Seems like one rule for some and not others on here, as I have seen far worse posts allowed and commented on.

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Perhaps you need an oxygen mask on your high horse to help clear your head.

 

The advantage of being on a high horse is that you can see over most of those around you. If you reckon seventy-five quid is good value to see the DART staff "put some effort in" (i.e. send you a couple of standard letters) then good luck to you. Personally I can think of better things to spend my hard-earned on. Further than that, I can also see that these are matters from which you will never emerge victorious, hence my earlier suggestions of ways to avoid a recurrence.

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I assume that it wasnt a first 'offence'. I had a letter through on my first offence (which occurred as i went a different route to see family). I was given the option of paying asap and avoiding a fine for a first time infringement of the rules. It sure makes you think again when you next go that way I find.

 

How did you get on in the end?

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I assume that it wasnt a first 'offence'
. I assume likewise. The opening line of the OP began
My on-going battle with Dart Charge continues as once again.

 

The rules for payment are quite straightforward and there is a variety of facilities for drivers to make their payment. Expecting to be given an extension to make payment and complaining of harsh treatment when the request is refused is unreasonable. Further than that, a multitude of (mostly groundless) reasons why each of the various options for payment cannot be employed are put forward. There is almost bound to be a repetition when the same problem will arise.

 

Like it or not drivers have a responsibility to comply with the crossing payment scheme and face a well-publicised penalty should they default.

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  • 7 months later...
. I assume likewise. The opening line of the OP began

 

The rules for payment are quite straightforward and there is a variety of facilities for drivers to make their payment. Expecting to be given an extension to make payment and complaining of harsh treatment when the request is refused is unreasonable. Further than that, a multitude of (mostly groundless) reasons why each of the various options for payment cannot be employed are put forward. There is almost bound to be a repetition when the same problem will arise.

 

Like it or not drivers have a responsibility to comply with the crossing payment scheme and face a well-publicised penalty should they default.

 

Hi everyone I'm new to the forum.

 

first of all we need to establish the basics surrounding the ins and outs of this stealth dart charge penalty and its only with caution that you do so.

 

First of all I'm gonna start with 'Defence' In the beginning it was said that he went to look for a pay point and tried to phone in in an 'Attempt' to make payment for the crossing.

 

Therefore he has a right to defend that.

If there are problems getting through to making payment like that then that is not his problem and therefore the penalty should be rightly waived.

 

One basic fundamental right is that you are 'Innocent' until proven guilty. NOT the other way round, it doesn't matter who they are, no authority in the land has the legality to do so without a course of court action first.

Edited by dx100uk
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