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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Hi everyone

 

I used Dartford crossing on 25-11-2018 and paid the fee online using the website that appeared when searching.

I paid £6 for my small car and at the time did not think anything of it as I have never been there before.

I moved house in December 2018 and changed my address on my vehicle registration

 

2 months later I received a letter (to wrong address) stating I had not paid the charge.

I then contacted them the same day and advised I actually paid it as soon as we have crossed over.

 

I was advised then to submit evidence in the form of my bank statement showing the charge which I did via email.

I received another email then a letter (wrong address again) stating I had not paid the charge and I was now being charge more due to time scales.

 

I have now received 2 letters from Marston 

-  First one stating that a warrant has been issued by Northampton County Court 

- I have heard nothing from NCC,

 

and the second stating I now must pay £190 otherwise an enforcement officer will attend my property and take belongings etc etc and more fees will be charged.

I have until midnight on 13th August to contact or pay.

 

Can anyone advise me please?

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Hi.

 

Can you get a printout of your Dart account saying that you paid the charge?

 

HB


Illegitimi non carborundum

 

 

 

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Hi

 

I don't have a 'DART account'?

I have proof in the form of  a PDF showing it in my bank statement

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Oh right.

 

I don't know a huge amount about Dart although I've used it, but if you paid via the website do you have some kind of record?

 

HB


Illegitimi non carborundum

 

 

 

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Unfortunately I do not. They did not send me a receipt so I only have the bank statement for evidence.

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In the first instance, from your above post, you appear to have made a single journey on the Dartford Crossing and you were driving a 'small car'. If so, then a Dart Charge payment of £2.50 would be payable and not a fee of £6.00.

 

Are you sure that the payment that you made was to Dart Charge?

The reason for asking is because there are a number of 'unofficial' selling websites' on the net.

The link below from Transport for London (in relation to the daily TfL congestion charge) is a prime example?

 

https://tfl.gov.uk/modes/driving/congestion-charge/unofficial-selling-websites

 

On the bank statement, it should show which company your £6 payment was made to.

PS: What was the date that payment was made.

 

Unless you have two unpaid crossing fees, it would be usual to just receive ONE letter from Marston's.

That letter would be entitled Notice of Enforcement  and would be requesting payment of £190.50.

What is the 2nd letter?

 

Please be reassured that even though a warrant has been issued, there is no judgment entered against you and your credit rating is not in any way affected. 

 

You mention that the initial letters from Dart Charge and Marston's have the wrong address.

 

Can you explain a little more?

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HiI

 

Thanks for reply.

 

I made a single journey northbound on 25th NOV 2018 and was driving a toyota aygo,

I had no idea what the charges were supposed to be as had never been there before.

 

My sister in law advised me to make sure it is paid by midnight next day

therefore I went online straight after crossing (my partner was driving) and paid £6 as requested.

 

I cannot remember the website, however, on the bank statement it states 25NOV18 DARTCROSSING CHARGE, BRISTOL GB.

 

The first 2 PCN letters were sent to my old address.

I also contacted via email and the 3rd letter (notice of rejection) was sent to my new address.

Both Marston letters were sent to new address.

 

I apologise as I think I got a bit mixed up with what went where!

 

First Marston letter is notice of enforcement,

Second letter is simply a demand to pay or contact them immedicately or an agent will visit and yes it is £190.50

 

Thanks

 

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Almost certainly you have grounds to submit a Dart Charge Out of Time witness statement to the Traffic Enforcement Centre.

All bailiff enforcement will be placed on hold for approx. 4-6 weeks whilst a decision is made. 

 

The entry on your bank statement is evidence that a payment was made.

Was the payment actually deducted from your account on 25th November?

 

What may well have happened (and unfortunately, this is fairly common) is that you may have input the wrong registration number when making payment.

Entering the letter O for zero is a common example. 

 

 

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It is dated 26th Nov with transaction date as 25th.

I have completed an appeal form,

should I also complete an Out of Time?

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What do you mean when you mention that you have completed an 'appeal form'?

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Hi

I completed an appeal form with the Traffic Penalty Tribunal service. 

 

I have just received a reply stating I need to complete a witness statement and that this should have been included with the enforcement order which it was not.

 

They have given me a link to an online form.

 

Do I have to contact Marston at any point regarding this?

 

I have just spoken to County Court and she is sending me correct forms but I only have until 4pm today!

Wish me luck

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update 

My Out of time was declined and I cannot afford to have a judge look at it.

 

Marston's have been to my house today and left a letter which is a removal notice saying I now owe £425.50 for an original charge of £2.50 that I believed I had paid. In fact I paid £6!!

 

I have emailed Dart charge again with proof of payment.

 

Any ideas what else I can do please?

 

Thanks

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I had mentioned in an earlier post that I was concerned that you may have made payment to an 'unofficial' website. Have you at any time spoken to Dart Charge (on 0300 300 0120) to ask them whether or not they had received your payment?

 

I say this because: at least once a month, I receive enquiries regarding payments made for Dartford Crossing fees and where the payment is not recorded with Highways England. In each case, the payment made for a single crossing had been £6  (as opposed to the CORRECT crossing fee of £2.50) or £12 for a return crossing (which should only be £5).  In each of the cases, the bank statement shows the following:

 

DartfordCrossingCharge Bristol 000

 

I look forward to your response.

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Hi

 

Sorry did not notice that. Yes I contacted them.immediately after getting their first letter (sent to wrong address) and they advised to send in proof which I did ( and have done  several times). They advised they do not have payment registered and did say the site may not have paid it to them.

Is there anything I can do if I have used an unofficial site? 

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Opps you got sc@mmed then??


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Is there anything helpful you can tell me?

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The problem with using an 'unofficial' website is that it is very difficult to know which company you paid. Each of these 'unoffical' websites offer to accept payment for using the Dartford Crossing ( Merseyflow Toll and even Transport for London Congestion Charges)  but crucially, each one charges an admin fee. In your case, the fee (of £3.50) was more than DOUBLE the Dartford crossing fee !!

 

I do not want in any way to be critical of any paritcular one of these sites as each of them may well accept payment and pass it on to the OFFICIAL GOVERNMENT source..(in this case; Highways England) in a timely manner. 

 

As the payment reference in your case mentioned 'Bristol', I have selected the following website:

https://paydartfordcharge.co.uk/about.php

 

As you can see, the choice of domain name (paydartfordcharge.co.uk) ensures that it would be picked by motorists seeking to make payment for using the Dartford Crossing. 

 

The Disclaimer page is of interest:

 
Quote

 

Disclaimer

Our service is not connected to or affiliated with the http://gov.uk/pay-dartford-crossing-charge sit or any other official authority administering, regulating or overseeing the Dartford crossing charge. 

 

By proceeding, to apply online, you have agreed to our terms and conditions. We charge a service fee for assisting you in the application and payment of the Dartford crossing charge. We comply with the Data Protection Act and assure that this data will only be used to process your application. You will be asked to provide your personal information to receive your Dartford crossing charge payment confirmation, you must review the Terms and Privacy Policy. 

Our service fee is payable on completion of the Dartford crossing charge form on this website.

 

Ownership: This site is owned by 'Sarah Jones Trading as http://paydartfordcharge.co.uk/ of 14 finnesterre Parade, Portishead, Bristol. BS20 7GJ

 

 

If it is the case that you had made payment to this website, then I would suggest that you view the following webpage:

http://paydartfordcharge.co.uk/refund.php

 

Then there is this separate website. Notice that the domain name is almost the same but with a dot com instead of dot.co.uk

https://paydartfordcharge.com/terms-and-conditions.php

In this case, the website is owned by a DIFFERENT organisation calling themselves:

 

Dartcharge

34 New House

67-68 Hatton Garden

London EC1N 8JY. 

 

PS: The company does not even trade as a Limited Company. 

 

For anyone reading this thread, PLEASE make sure that when using the Dartford Crossing that payments are made using the OFFICIAL  government website:

https://www.gov.uk/pay-dartford-crossing-charge

 

The following webpage from Saga (the insurance company) is worthy of reading !!!

 

https://www.saga.co.uk/magazine/motoring/cars/using/three-online-scams-targeting-drivers

 

 

Edited by Bailiff Advice

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Thank you Bailiff Advice. I have submitted a claim to that company and will also contact them tomorrow.

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but ofcourse I bet not the bailiff fees??

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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well I'm not paying £425.50 for something I already.paid plus a service  charge to boot!

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Well we had to pay Marston's Holdings bailiff this morning as there is a warrant apparently.

They said they would clamp my car which happens to be a works lease car (council) and remove goods if not paid by 8am.

 

We did not know what to do so had to pay £425.50 - if I had been alone I could not have paid that amount :(

They are sending us a form to complete to appeal...(again) and they were surprised at a Judge not accepting my proof of payment.

 

I will be seeking legal advice, however, I wondered if it is worth writing to Chief Executive of Highways England Mr Jim O'Sullivan to complain and include my evidence from bank statement? Or is there another way to deal with this?

 

If anyone has any sort of template letter I could use I would be extremely grateful.

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Unless I've missed it I don't think you have confirmed which site you paid the crossing charge to.

It seems likely that you inadvertently paid the DartCharge to a 'look alike' site that isn't the official Dartford Crossing payment page.

 

In that case your 'proof of payment' would not, unfortunately, be proof of payment to Highways England because you didn't pay Highways England,. You paid someone else who isn't authorised to receive money on behalf of Highways England.

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No I did not confirm the site as I do not know which site it was.

 

It was the first (and last ) time I had travelled on that road and I paid what I thought was the correct fee.

 

I have been through every stage of this and still end up paying £425.50! This is extortion!

 

I would now gladly pay the £2.50 again if they would allow it.

I already paid £6.

 

If you read Bailiff advice's post he has found a website that may be the one used as my bank statement states Bristol in the transaction and this website is owned by someone in that area (albeit a private home when googled).

 

I will do my damnedest to get this money back and am seeing legal advise.

If the original money has been taken then it is theft.

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sadly its not extortion neither is it theft.

you unwittingly used a sc@mmers site to pay a dart charge

you got had.

you don't need legal advice

you need to follow through with that sites complaint form.

 

they are liable for not paying TfL

you get the bailiff fees back out of them

 

id they don't refund you

you take them to small claims court.

as this will be an important win for everyone that get Sc@mmed by these sites.

 

dx

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks dx

 

I have emailed the business and I have requested a refund on the form provided by them.

 

I have noticed on Saga.co.uk there is an article referring to the same website and a paragraph from another motorist who also received PCN for same journey at around same time as us. 

 

'At the end of November 2018 I was travelling on the M 25 over the Dartford Bridge and returning the next day. So I went online the night before and thought I had paid for a return journey at a cost of £12.

 

My Tesco MasterCard shows a payment of £12 to

"DartfordCrossingCharge Bristol 000“. I have now had to pay £70 fine plus the correct charge of £5 because the official site did not get my money.

 

There must be so many people being tricked by this false website , so why can it not be taken down?

 

The Dart Crossing company isn’t interested. Perhaps because they are also making money from the [problem] every time someone like me makes a mistake?'

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