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    • It's better to keep advice on the open forum for everyone's benefit. Maybe you could post up the correspondence in a single pdf document and cover up your personal details, reference numbers and so on? HB
    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
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Dart Charge PCN


bjt
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Hi all,

I received a PCN today from Dart Charge.

 

I don't dispute the charge as I did use the tunnel (both ways), but, forgot to go online to pay!

 

I go online to make the payment,

fill in everything they ask for,

press continue,

and it tells me that £5 has been accepted and I'll receive a receipt later.

 

The PCN clearly states £35 or £70 for late payment,

The £5 is, I believe, the actual charge for using the crossing.

 

I decide to use the telephone number they provide, and speak to an agent.

Explain what I've done and how I couldn't actually pay the full amount.

 

He tells me that that is all I have to pay because I haven't used the crossing before, and it was just a reminder to pay!

 

It clearly states that,

"in addition to the penalty charge you must also pay the applicable Road user charge of £2.50".

 

I can't help thinking that I'll receive another PCN in 28 days,

telling me that my fine has increased to £70 for failing to pay within the 14 days!

 

The contravention date was the 3/12/17.

The issue date is 14/12/17.

 

Would they really send out a PCN,

without expecting full payment?

Do you think I should try and contact them again after I receive the receipt for my £5?

Any thoughts would be gratefully received.

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If you think it's wrong then appeal. But remember you lose the discount if they find against you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks Renegade, no, I don't think it's wrong,

 

I can't understand why they would send a PCN,

when a reminder to pay would be sufficient.

 

Having used the crossing,

one has until midnight the following day to make the payment.

 

Due to a lapse in memory,

I didn't conform,

and accepted that I would have to pay the penalty!

 

However,

what I don't want is that penalty to be doubled because I failed to respond within the 14 days.

I just wonder if any one else has been in the same predicament?

Regards,

BJT.

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if the reminder was dated 14th

then its 14 days from THEN before it increases to £70

 

you paid £2.50 each way =£5

you are finished

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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Thanks DX,

I do understand what your saying, "if it was a reminder", but, that's the point, it wasn't a reminder, it was a PCN telling me that I had 14 days from the date of the letter to pay £35 plus the cost of using the crossing i.e. £5.

 

Their website didn't indicate anywhere that I would only have to pay the crossing fee within the 14 days.

 

As already stated, you have until midnight the next day to pay the crossing charge, after that, you are in default, hence, £35.

 

I've received the receipt now (online) and it clearly states Payment Type - Credit.

Card Type - Visa. Type - Purchase.

 

To me, this would indicate that all I've paid is the actuall fee, not the fine!

 

Oh well, I'll just sit on this and wait, and if I get the notification that my fine is now increased to £70, then, at least I have my receipt to show that I tried to pay, when I appeal.

Thanks again,

BJT.

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no you've no read the website correctly

it says:

First-time ‘offenders’ will be given a 14-day grace period when the charge notice is sent out. This allows them to pay the original charge rather than the full fine.

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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Hi all,

I go online to make the payment,

fill in everything they ask for,

press continue,

and it tells me that £5 has been accepted and I'll receive a receipt later.

 

 

 

You only had until midnight the day after the crossing to pay the fee, if you were later than that, the payment is held as a credit for future crossings and not accepted for that earlier crossing.

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Doh!!! Thanks Dx. Your quite right, I didn't read the website! Just went straight to the payment section!

That's good, I can order a takeaway curry now to celebrate! Lol.

Thanks again,

BJT.

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The contravention date was the 3/12/17. +14 = 17

paid within the newbie grace period

 

and infact its even better than that

you get 14 days from the date of the PCN if you are a 1st time user

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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You only had until midnight the day after the crossing to pay the fee, if you were later than that, the payment is held as a credit for future crossings and not accepted for that earlier crossing.

 

Thanks for that. So, I've paid for a crossing that might never take place! And, presumably, by what you say, I'm still liable for the original transgression?

Cheers, BJT.

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no

you have the payment ref number

simply type it in and it will tell you what its related too.

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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Thank you all for your replies.

 

I really appreciate your help, and the speed of your responses!

 

Wishing you all a good xmas and a happy new year.

 

Regards,

 

BJT.

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Just a quick update.

 

I phoned them just now,

to see if I still owed them,

 

was told that the £5 was all I needed to pay as this was my first time!

(Thanks DX).

 

So, that's two confirmations from them.

I'm happy now.

Thanks again for your help.

 

Regards,

 

BJT.

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Sorry to keep on about this, but, this will be the last post on this subject.

 

Today I received another letter from Dart Charge, with a heading, WARNING LETTER.

 

It goes on to say,

"Maybe you didn't know about the Dart Charge scheme or simply forgot to pay?

 

If you pay your outstanding crossing charge(s) by 28/12/2017-

- we'll cancel this penalty charge notice".

 

We only offer this option on your first penalty charge--so, be sure to pay in the future!

 

I still can't understand why I got a PCN first?

 

Surely the Warning Letter should have been sent out first?

 

The mind boggles!

Thanks again.

BJT.

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the charge must have a ref number

check that number against the payment you made

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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