No response TE7, TE9 Dart Charge

[Gile581]

Hello

 

Having read a few horror stories, I just wanted to see if anyone could provide some advice to prevent some unwanted Bailiffs turning up.

 

In summary:

 

• I used the Dartford crossing and did not pay the £2.50 Dart charge until the day after the following day (c.12 hours of of time)
  
• I received a PCN c.2 months later which I admittedly did not do a huge amount with having believed I had paid it and, on a cursory glance, had actually believed was a receipt (...I know...)
  
• I then received a charge certificate in October which I did nothing with straight away as I received it whilst out of the country and it didn't get looked at for a while
  
• I then received an Order for Recovery which required action by the 27/11/2018
  
• I submitted TE7 and TE9 in the evening of the 26/11/2018 so within time frame
  

 

Not withstanding the fact I believe I have a reasonable case for the fine being dropped given I did pay, albeit late, and the amount of charge is incorrect, it is now the 18th December, some 22 days after I submitted the TE7 and TE9 and I have heard no further word on the matter. If I need to pay up then so be it but I would like to avoid huge extra costs being lumped on because I have missed some nuance in the process etc.

 

I have my entire family round for Christmas and the last thing I want is bailiffs turning up and distraining the turkey.

 

Are there any preventative measures I can take now? All advice appreciated.

 

Many thanks in advance

[Bailiff Advice]

If you paid the Dart Charge after midnight the day after the crossing then unfortunately, your payment will not have been used to pay the crossing. Instead, it will remain as a credit on the Dart Charge system to be used when making a further crossing in the same vehicle.

 

You received the Order for Recovery and at that stage, you could have submitted a simple Witness Statement (TE9). Unfortunately, given your comments above (that you HAD received all the Statutory Notices), I cannot see that you would have had 'grounds' in which to submit a WS.

 

Despite not having grounds, you have nonetheless filed an Out of Time witness statement which appears to have been processed. You have stated that you have heard nothing further on the matter. Did you send the TE7 and TE9 by email or by post? If by email, you should have received an email from the Traffic Enforcement Centre to acknowledge receipt. Did you receive this?

 

PS: Out of interest, what did you state on the TE7?

[Gile581]

Many thanks for this.

 

Yes, I submitted both the TE7 and TE9 by email on the 26th and received an email receipt from TEC on the same day.

 

I appreciate my grounds for appeal may not be seen as concrete... if I have to pay then so be it.

 

What I am seeking to avoid is an acceleration of the recovery process to the extent I get some high viz heavies at my door over Christmas. If the axe falls unfavourably, I'll settle. I'm just concerned that, having not heard anything, there may be a process in train that I should be aware of but am not which results in additional costs being lumped in and / or bailiffs turning up.

 

Additionally, if the next stage is to receive something in the post, I don't want to fall foul of deemed service timescales when we are in the midst of the Christmas post!

 

Is there any way to check the progress of my appeal? Or any action I can take to force an early response?

 

In answer to your question on the content of the TE7, my grounds were: (i) I was out of the country between 27/09/18 - 15/10/18 and did not see PCN dated 10/10/18 for some time; and (ii) on brief inspection of the PCN, I genuinely believed it was a further receipt given I had already paid the original charge in question in August 2018 and had received a bona fide receipt for it at the time (receipt provided).

 

Many thanks in advance for your advice!

[Bailiff Advice]

I am pleased to hear that you have received an email acknowledgment from the Traffic Enforcement Centre. The Traffic Enforcement Centre (TEC) would have sent copies of your forms to Highways England (HE) on 27th November.

 

On receipt, Highways England would have been instructed to suspend enforcement of the warrant until a decision has been reached. They (HE) are given 19 business days (almost a month) to notify the Traffic Enforcement Centre if they wish to OPPOSE your application. Given the Christmas holiday period, you should expect to receive a letter from TEC some time towards mid January.

[Gile581]

Great, thank you for this.

 

Just looking at my calendar, I calculate a 19 working day period from the 27th November (assuming normal UK bank holidays) to expire at midnight on Christmas Eve! What a good stocking filler.

 

Couple of queries on this:

 

1) Do you think it's reasonable to assume that what is good for the goose is good for the gander and that the HE have to stick to usual working days (inc. public holidays) over the Christmas period?

2) Assuming (1) is a yes, will the HE be timed out if they have not notified TEC that they wish to oppose by the 27th November?

2) What does this mean in practice - is the penalty simply dropped?

3) Can I request some sort of summary judgement / finding from TEC on the 27th rather than waiting for a letter?

 

Again, thanks in advance. This really is most helpful!

 

Regards

[Bailiff Advice]

Although HE (or any other local authority) have 19 business days to respond, the Traffic Enforcement Centre will then have the task of PROCESSING their response.

 

If Highways England OPPOSE your application, the Traffic Enforcement Centre will then refer your case to a Court Officer for a decision. The time period for 'processing' responses is usually around 2 weeks. Given the Christmas holiday period, you should expect to receive a letter outlining the decision in around mid January so no need to panic.

[Gile581]

Ok, thank you. I'll wait and see what the postman brings and might trouble you for some additional views if I've not heard anything by mid January.

 

Merry Christmas and thank you for your time and advice.

 

Regards

[Gile581]

Hi there BA

 

Thought you'd like to hear the update:

 

TEC have copied me in on an order to Dart Charge Customer Services confirming that I had correctly filed the stat dec / witness statement. Pleasingly they are now ordering that the order for unpaid penalty charge be revoked and the charge certificate is cancelled.

 

The original PCN has not been cancelled though and I need to contact Dart Charge to look at this... as they "may well take further action". They also note specifically that "The Authority [Dart Charge] should inform you as soon as possible if it intends to do so".

 

Going to try and get on the front foot with Dart Charge now and see if they will cancel the original PCN...here's hoping!

 

All tips / advice welcome...