Dart Charge Out of Time Witness Statement

If you have received a letter, a text message or a visit from either Marston, or JBW Judicial Services Ltd in relation to an unpaid Dart Charge  that you were unaware of, it is usually because all previous correspondence had been sent to a previous address. Fortunately, legislation is in place to protect you. Bailiff enforcement will be suspended for a short while (approx 4-6 weeks) when a Dart Charge Out of Time Witness Statement (TE7 and TE9) is submitted to the Traffic Enforcement Centre (TEC). If accepted, the debt (including bailiff fees) will be cancelled and Highways England will issue you a new Penalty Charge Notice and you will be able to pay at the earlier discounted rate. 

What is an Out of Time witness statement?

 

A Word of Warning.

Before rushing off and submitting a Dart Charge Out of Time or late witness statement, please read this page carefully.  Motorists should not be fooled into believing that because the forms (TE7 and TE9) look easy to complete, that their application will be accepted. An Out of Time witness statement is a County Court procedure. Unless you have previously  drafted court documentation, you really should not be submitting these applications without seeking advice beforehand. You can email a question to us using our Enquiry Form.

Sadly, it is usually because of poorly drafted Out of Time or late witness statements that approx 65% of Out of Time witness statements are currently being rejected. There is a procedure  to have the rejection reconsidered by a Judge. Unfortunately, there is a court fee to pay of up to £255 for such an application. Worse still, this fee applies to EACH Dart Charge Out of Time witness statement rejected.

Why was correspondence sent to my previous address?

Usually because the V5C/Log Book had not been updated with  DVLA following a change of address. When a vehicle makes a journey over the Dartford crossing without paying, a request is made to DVLA for the name and address of the registered keeper. Sadly, since the scrapping of paper tax discs, many people forget to update their V5C/Log Book when they move address. This is very common  indeed.

I did not update my V5C (Log Book) when I moved, can I still file a late  Witness Statement?

You certainly can and in fact, the vast majority of enquiries that we receive are from motorists who had forgotten to update their address details on their Log Book with DVLA when they moved house.

My Dart Charge account was closed.

Another very common problem and usually due to insufficient funds  being  in the bank account on the day of a crossing. Far more serious, is the frequency of enquiries concerning a Dart Charge account that had been  closed because the registered debit or credit card  had expired. You need to be aware that if your debit or credit card expires, you must update your Dart Charge account with the new card details. Failure to do so, will lead to the account  being closed.

Correspondence had been sent to the vehicle hire company or finance company.

If you hire a vehicle and fail to pay the Dart Charge, notices from Highways England will be sent to the registered keeper…..this would be the hire company. They in turn will request that liability be transferred to the hirer. The hire company would rely upon the name and address provided at the time of hire. Another problem that we see quite often is where the V5C is held by the finance company. In such cases, it is important that when  you move address, that  you inform the finance company.

I updated my driving licence when I moved so DVLA were aware of my address.

It’s not quite as simple as that I’m afraid.  A driving licence is confirmation that you have passed a test enabling you to drive a particular class of vehicle. A V5C (Log Book) on the other hand, is the registration certificate for a particular vehicle. We receive an astonishing number of enquiries from the public regarding correspondence going to a previous address. Of interest, is that in the vast majority of cases, the motorist remembers to update his driving licence….but forgets to update the V5C (Log Book) !!

What are the grounds for filing a Dart Charge Out of Time Witness Statement?

A Dart Charge late witness statement can be submitted on four specific grounds; the most common of which is that

  • You did not receive a Penalty Charge Notice from Highways England (usually because all notices had been sent to a previous address).
  • You appealed the Dart Charge within 28 days of service but did  not receive a Notice of Rejection.

I have multiple unpaid Dart Charges.

If  you have Marston Group or  JBW Judicial Services seeking to enforce more than one Dart Charge  that you had been unaware of, you would need to submit separate Out of Time witness statements for each Dart Charge penalty. If you have multiple Dart Charges that you had been unaware of, please consider seeking advice from us before you submit Out of Time witness statements. Given the importance of multiple Dart Charges, we have introduced this new page to our website.

I submitted a Dart Charge Out of Time Witness Statement, what happens now?

We receive so many enquiries from motorists asking what will happens once that they have sent an Out of Time witness statement to the  Traffic Enforcement Centre that we decided to introduce this  Traffic Enforcement Centre FAQs  page to our website. It has proven to be a popular page !!

Will the debt be cancelled if I file a Dart Charge Out of Time witness statement (TE7 and TE9?)

Only if your application is accepted will the debt (including bailiff fees) be cancelled. A decision usually takes around 4-6 weeks. A new Dart Charge Penalty Charge Notice may be issued. You will then have the opportunity to pay the charge at the earlier discounted rate (of £35 plus the toll fee). In some cases, the charge will be reduced to just £2.50.

What happens if my Out of Time witness statement (late appeal) is refused?

Bailiff enforcement  will recommence. There is an option to have the rejection of your Dart Charge Out of Time witness statement reviewed at court. Unfortunately, there is a court fee for a review of up to £255. This fee is payable for each refusal that you wish to have reviewed. Needless to say, these applications are few and far between.

Help with drafting a Dart Charge Out of Time Witness Statement

Since the Dart Charge was introduced,  we have been assisting motorists with drafting Out of Time witness statements (TE7 and TE9). With over 12 years experience of drafting of these forms, we know what information needs to be provided in order to improve the chance of the application being accepted. Because of our long experience with drafting these applications, a very high percentage are  accepted and we are justifiably proud of this position.  If you require our assistance, please see our contact details below. We charge a fee of £45 for this service. In cases where there are multiple Dart Charges, we substantially discount our fees.

Commentary from Bailiff Advice Online

If you require assistance with drafting of your Out of Time witness statement forms TE7 and TE9,  you can email a question to us using our online Enquiry Form.  Alternatively, you can contact our free helpline. Details are on our Contact page.

Lastly, our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.