DART Charge Appeal

[Dee Jay]

I have received a Penalty Charge Notice for Dart Charge. I crossed the bridge on 27th May, 2019 and I was supposed to pay the charges by midnight of 28th May, 2019, whereas I paid around 3:00 p.m. on 29th May. Over past 4 years of driving in the UK, this is only the second time I have crossed the bridge. First time, when I crossed in 2017, I was not even aware of Dart Charge and I received an exemption from the penalty charge notice. 27th May, 2019 was the second time, that I crossed the bridge. I wouldn't lie that I wasn't aware of Dart Charge but I forgot to pay the charge upon returning to London, only to realise on 29th May, 2019 afternoon.

There was no intention to not pay the charges and there's been a small delay at my end. As a matter of fact, £5.00 that I paid on 29th May, 2019 are not even adjusted against the penalty charge notice and they are withheld in my account for any future visit. Do I hold any ground to appeal for an exemption especially considering that I paid before the notice was generated and I also called their call center on 29th May and intimated them that I have made the payment and there has been a small delay at my end.

Please advise...!

[Dee Jay]

Any advise from our expert team or experienced motorists, who have been in such similar situation...?

[des8]

I understand that a fine is levied if payment of the original charge is late.
The penalty is not reduced by the amount paid towards the charge

If it was I, I'd pay the reduced amount offered for payment within 14 days

[Dee Jay]

Thanks. My question was that do they not differentiate between some paying late by 16 hours vis-a-vis late by 16 days. That seems to be tad unfair. Especially when someone has made the payment within 16 hours of the lapsed deadline and the penalty notice period hasn't been even generated.

Views ?

[des8]

you want a sliding scale?
Tough

[Dee Jay]

If I appeal on the grounds that driver took the car and crossed the Dart Crossing and I wasn't aware of the Dart Charge until I was told, which was 12 hours late of the deadline and as soon as I came to know, I paid it...will that ground help to save the penalty ? Also, am I legally liable to disclose the identity of the Driver ?

[des8]

I don't know if that plea will work but under the Traffic Management Act 2004 and the Transport Act 2000 the person who is liable to pay any Penalty Charge Notices (PCN) issued in respect of a vehicle is its owner.

The owner may or may not be the person who was actually driving at the time. The fact that another person was driving the vehicle does not affect the owner’s liability for any penalty.

I did read that something like 80% of appeals are successful.

How to appeal: Challenge the penalty by contacting the issuing authority within 28 days of the notice being served. Quote your charge notice number and explain why you believe the penalty is wrong.

Appeal to the independent adjudicator: If your appeal is one of the few that are rejected, you can take it to an independent adjudicator. Information on how to do this will be included in the original rejection. You must appeal to the adjudicator within 28 days of the Notice of Rejection is received. Delivery is usually deemed to be 2 working days after the date on the notice.

Reasons for appeal to the independent adjudicator must fall into the following:

You were not the registered keeper of the vehicle when the alleged contravention occurred
The vehicle was taken without the owner’s consent
The owner is a vehicle hire firm
The road user charge was paid on time and as required
No user charge or penalty is payable
The penalty exceeded the amount that applied in the circumstances
There has been a procedural impropriety by the charging authority
Compelling reasons