Dart Charge Out of Time Witness Statement (TE7 and TE9)
If you have received a phone call, text, letter or a visit from Marston Group, Equita Ltd or JBW Judicial Services in relation to a Dart Charge Penalty Charge Notice that you had not previously known about, (usually because all notices had been sent to a previous address or more rarely; to a vehicle hire company), then all bailiff enforcement will be placed on hold for a short period of time (usually 6 weeks) if you submit a Dart Charge Out of Time Witness Statement (or late appeal) to the Traffic Enforcement Centre at Northampton County Court.
What are the grounds for filing a Dart Charge Out of Time Witness Statement?
A Dart Charge Out of Time Witness Statement (TE7 and TE9) can be submitted on the following four specific grounds.
- 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 received a Notice of Rejection.
- You appealed the decision to the Parking Adjudicator within 28 days but did not receive a response.
- The Dart Charge was paid in full (by midnight the day after the crossing).
What will happen when I submit a Dart Charge Out of Time Witness Statement?
If you send your Dart Charge Out of Time witness statement forms (TE7 and TE9), to the Traffic Enforcement Centre by email, you will receive an acknowledgment by return. The Traffic Enforcement Centre will then advise Highways England to instruct either Marston Group, Equita Ltd or JBW Judicial Services to cease all enforcement of the warrant. The case will then be placed ‘on hold’ for approx 6 weeks to allow Highways England (who administer the Dart Charge) the opportunity to decide whether or not to allow you to submit your witness statement late (out of time).
If Highways England accept your application, the warrant will be revoked, and all bailiff fees removed. Highways England may then issue you with a new Penalty Charge Notice. You can then the pay the Dart Charge at the earlier discounted rate.
I have received a Dart Charge Warning Letter
If you receive a Dart Charge Warning Letter, it is vitally important that you deal with the letter immediately. A Dart Charge Warning Letter will say the following:
Maybe you didn’t know about the Dart Charge scheme or simply forgot to pay? If you pay your outstanding crossing charges (of £2.50) by xxxxx we will cancel this penalty charge notice. The letter will go on to say this:Multiple crossings: If you’ve used the crossing again without paying since [date of PCN,] just pay for all outstanding crossings within 14 days and we’ll cancel those penalty charge notices too.
I have multiple Dart Charges outstanding that I did not know about.
We receive many enquiries on this subject and in most cases; the fault will be found to be because of one of the following:
Because the Dart Charge notices had been sent to a previous address. (This is usually because the V5C/Log Book had not been updated by DVLA following a change of address).
As all Dart Charge notices has been going to a vehicle hire or finance company.
Because a Dart Charge account has been cancelled due to insufficient funds being in the bank account on the day of a crossing.
A Dart Charge account had been closed without your knowledge because the debit or credit card registered had expired. We receive a lot of enquiries on this subject.
If you have multiple Dart Charges that you had not known about, please consider contacting us before you submit an Out of Time witness statement. Mistakes (or poorly drafted forms) can prove to be very costly indeed.
Will my Dart Charge Out of Time Witness Statement be accepted?
That depends entirely on the information that you provide on the Out of Time witness statement (or late appeal). Unfortunately, it is poorly completed Out of Time forms (TE7 and TE9) that account for over 60% of these applications being rejected. An Out of Time witness statement is a County Court application. Consequently, great care needs to be taken with these forms to improve the chance of the application being accepted.
What happens if my Dart Charge Out of Time witness statement is rejected?
Quite simply, the warrant of control will cease being on hold and bailiff enforcement will recommence.
There is an option for you to have the rejection of your Dart Charge Out of Time witness statement reviewed at court. An application (on form N244) must be made within 14 days of receiving the decision from the Traffic Enforcement Centre.
Is there a fee to pay to seek a review?
Unfortunately, there is a court fee of up to £255 for each Out of Time witness statement that is rejected. This is why its important for your Out of Time witness statement forms (TE7 and TE9) to be carefully drafted. This is all the more important if you have multiple Dart Charges outstanding.
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) and we have significant experience with knowing what information needs to be provided on these forms in order to improve the chance of the application being accepted. 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 Charge penalties, we substantially discount our fees.
Commentary from Bailiff Advice
A Dart Charge Out of Time witness statement is a county court application and as such, it is really important that motorists seek advice before completing these forms and even more so, in cases where there are multiple Dart charges.
If you require assistance with drafting the TE7 and TE9 forms, you can use this form to email a question to Bailiff Advice. Alternatively, you can contact us by telephone on 01643 841886. Further details are on our Contact page.