Midland Expressway M6 Toll

[syko2005]

I have today recieved a letter from Midland Expressway requiring a total of 26.50 from me as i used there toll road on the 09/08/2011.

I did use the toll road but it was purley by mistake that i turned onto it as i was lost.

I used it for 1/4 of a mile, reached the toll booth where i told the attendant i had no money. I was advised i would get a bill through the post and i must pay it within so many days to avoid extra charges being added.

Ive heard nothing untill today. The letter states if i dont pay within 7 days they will take legal proceedings and add court and administration fees ontop of this already crazy bill.

 

Any suggestions on what action i can take. I have no intensions of paying the £26.50 and im prepared to put up a fight against these morons if needs be.

[cerberusalert]

moved to the traffic & parking forum.

[Bazooka Boo]

£26.50??

 

Seriously?

Guide

Mon - Fri (06:00 - 23:00)

Sat - Sun (06:00 - 23:00)

Night (23:00 - 06:00)

Class 1 (e.g. motorbike)

£3.00

£2.80

£1.80

Class 2 (e.g. saloon car)

£5.30

£4.80

£3.80

Class 3 (e.g. saloon car & trailer)

£9.60

£8.60

£7.60

Class 4 (e.g. van/coach)

£10.60

£9.60

£8.60

Class 5 (e.g. HGV)

£10.60

£9.60

£8.60

http://www.m6toll.co.uk/pricing/default.asp?mainmenuid=4

 

Did they give you one of these?

http://www.m6toll.co.uk/faqs/unpaid.pdf

[Old Snowy]

But at least at £26.50 - which undoubtedly incorporates a sum for their additional costs in recovering the unpaid toll from you - its more reasonable than what private parking companies charge.

 

By all means fight it if you wish. Personally, I would pay it quickly, be done with it and move on.

[Bazooka Boo]

£10 is the fee they charge if you don't pay it in two days.

[Gaston Grimsdyke]

What is your objection to paying it? Just the amount or the whole principle?

[Al27]

I'd pay them the £5.30 (or whatever) + 46p for their stamp.

 

They're just a limited company and so have no special powers when it comes to payment. Expect some threatening letters from debt collectors and the charge will go up and up, but they'll go away after a few letters.

 

I suspect you may end up having an argument if you go through the toll again in the future because they may have your numberplate on record, but they can't actually do anything.

[Raykay]

I'd pay them the £5.30 (or whatever) + 46p for their stamp.

 

They're just a limited company and so have no special powers when it comes to payment. Expect some threatening letters from debt collectors and the charge will go up and up, but they'll go away after a few letters.

 

I suspect you may end up having an argument if you go through the toll again in the future because they may have your numberplate on record, but they can't actually do anything.

 

 

If they are still relevant, they appear to have some powers:

 

Midland Expressway Limited

Tolling Enforcement Policy

Under clause 2.2 of the Concession Agreement between Midland Expressway Limited and the Secretary of State for the Department of Transport dated 28 February 1992, MEL is entitled to receive Tolls from road users "in accordance with the relevant toll order".

"Tolls" is defined as "tariffs to be applied to tolled traffic" and, as such, may be taken to include any applicable tariffs for late or non-payment (i.e. administration charges).

The statutory framework for the charging of tolls on the M6 Toll is set out in the following legislation:

1. the Birmingham Northern Relief Road Toll Order 1998 (the "BNRR Toll Order");
   
2. the M6 Toll (Collection of Tolls) Regulations 2003 (the "M6 Toll Regulations"); and
   
3. the New Roads and Street Works Act 1991 (the "NRSWA").
   

The key sections of the NRSWA relating to refusal or failure to pay tolls are as follows:

1. A person who without reasonable excuse refuses or fails to pay, or who attempts to evade payment of, a toll which he is liable to pay by virtue of a toll order commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale, currently £1,000.
   
2. Where there remains unpaid (a) a toll … or (b) a prescribed charge … the person authorised to charge tolls may recover from the person liable the amount of the toll or charge together with a reasonable sum to cover administrative expenses.
   

Midland Expressway Limited takes the non-payment of tolls very seriously and as a matter of policy will instigate legal proceedings for the recovery of the outstanding debt and administrative charges against M6 Toll users who refuse or fail to pay the toll charge(s) due.

 

 

 

[Al27]

Thanks for that.

 

Reasonable is undefined. The DVLA charges £2.50 for their administrative expenses when selling registration details for example.

 

I'd still bet nothing would come of it if you didn't pay the £26. I see no mention of the £10 'penalty'.

 

If you were Midland Expressway Limited, would YOU take anyone to county court if they had failed to pay £20?

[Raykay]

As it mentions an offence and fines, would it not be summons to magistrates court and then recover their charges that way?

[BazzaS]

As it mentions an offence and fines, would it not be summons to magistrates court and then recover their charges that way?

 

Two different aspects: criminal and civil, surely?.

"Offence" and "fine" are matters for a criminal court. If the OP was being summonsed for the offence (criminal rather than civil aspect) then a conviction would likely be heavily relied on in any subsequent civil case (if only as the criminal has a "higher standard of proof" with "beyond all reasonable doubt" than the civil "balance of probabilities").

Yet, the OP has made NO mention of any prosecution - only the civil matter.

 

The OP is being asked to pay a "charge" rather than a fine. If they take legal action for this as a civil matter, it is county court rather than magistrates'.

 

Bazooka Boo's post has 2 useful links, and adds the relevant question of "did they give you one of these?" (the unpaid toll notes).

 

If they didn't give you one of those notes you could consider writing, explaining the situation, and offering to pay the toll, if (/as?) this is what you would have done if you had received one of those notes.

 

They probably have CCTV footage of the toll booth area (conjecture, not fact, but I would if I were them! - they do say the capture at least the vehicle's Registration Mark on CCTV). Did you get given one of those notes?

[Raykay]

Is it not similar in principle to being prosecuted for no excise licence, when you are convicted you get fined for not having the licence, and are also required by the court to pay DVLA the missing duty as well.

[BazzaS]

Is it not similar in principle to being prosecuted for no excise licence, when you are convicted you get fined for not having the licence, and are also required by the court to pay DVLA the missing duty as well.

 

Perhaps, IF there was a prosecution.

However, the OP has made no mention of a prosecution, so unless there is such, how is it going to get to magistrate's (rather than county) court?.

[green_and_mean]

The costs are legally recoverable if the OP doesn't pay he risks going to County court paying the toll and all the toll companies associated costs bit of a gamble for a few quid.

[Raykay]

Perhaps, IF there was a prosecution.

However, the OP has made no mention of a prosecution, so unless there is such, how is it going to get to magistrate's (rather than county) court?.

 

The OP's letter mentions legal proceedings, so MELcould apply at Magistrates Court for a summons for the offence, contrary to s.15, New Roads and Street Works Act 1991 and claim in court for the outstanding fee. Or they could go the County Court route, where, as G&M has said, he could risk paying all MEL's costs as well.

[Al27]

This issue would not be the payment of the toll, but the accompanying administrative expenses. I don't see anything in the act regarding the expenses incurred by the toll company from sending out a letter.

[green_and_mean]

This issue would not be the payment of the toll, but the accompanying administrative expenses. I don't see anything in the act regarding the expenses incurred by the toll company from sending out a letter.

 

Where there remains unpaid (a) a toll … or (b) a prescribed charge … the person authorised to charge tolls may recover from the person liable the amount of the toll or charge together with a reasonable sum to cover administrative expenses

[Al27]

I was referring to the New Roads and Street Works Act 1991 Act G&M. There was a post before mine that the poster has deleted for some reason.