Warburton Bridge Toll charge notice

[GoonerJohn62]

Hi all
I recently received a letter and notice relating to an unpaid crossing of Warburton toll bridge.
The crossing referred to was on December 26th, there was no body manning the toll booth and we were not aware the process seems to have been automated.
Is the reclaiming of this fee along with an unpaid charge fee legal?
Thanks for your help

[des8]

It's probably legal, but whether or not fair and enforceable is another question.

Google Earth views are out of date, so if you intend to dispute the charge you will need to return to the bridge and take pictures of the signs which hopefully will show they were not clear nor easily visible and legible from a moving vehicle

[GoonerJohn62]

Thanks DES8 I was wondering if they were able to retrospectively apply the charge as We're sure there were no signs there and this is the first notification we've had. Does it not have to be within a certain time frame from when it occurred?

[des8]

The limitation period is probably 6 years!

Can you post up a copy of the charge notice you have received so we can do some research?
First remove identifying details like name, address, reg & charge number

I'm guessing they are in the same position that car park operators were in some years ago, when they could only proceed against the driver of the vehicle at the time of the event.
So do not identify the driver, either on here or if contacting them.

[islandgirl]

If you use Facebook there is a "warburton toll bridge action group" where the fines are frequently discussed. The MP is getting involved!

[GoonerJohn62]

The limitation period is probably 6 years!

Can you post up a copy of the charge notice you have received so we can do some research?
First remove identifying details like name, address, reg & charge number

I'm guessing they are in the same position that car park operators were in some years ago, when they could only proceed against the driver of the vehicle at the time of the event.
So do not identify the driver, either on here or if contacting them.

See attached

[des8]

I note that the bye law does not transfer liability for unpaid toll/charges from the driver to the registered keeper.
It clearly states at sec 23 "A person driving a vehicle across the Rixton and Warburton Bridge is liable to pay a toll ....", altho@ at sec 24 it mentions "A liability to pay...charges .... arises where .... (b) atoll has not been paid ... by,........ either the driver or registered keeper"

HOWEVER, the Statutory Instrument (No 2024 630) which authorises Manchester Ship Canal Co to make the byelaw states (sec8 (4): The person by whom tolls under this Order and penalty charges imposed in connection with this Order are payable in respect of a motor vehicle is the registered keeper.

Now if you are feeling brave you could decline to pay on the basis of the bye law, but if the other side plays hard ball you could find yourself in the magistrates court where a loss would result, not only in a fine but also a criminal conviction.

Up to you to decide if it is worth the risk................

[GoonerJohn62]

Thank you Des8 that's very helpful