Dart Charge Out of Time Witness Statement
If you have received a letter , a text message or a visit from Marston Group, Equita Ltd or JBW Judicial Services Ltd in relation to an unpaid Dart Charge that you were unaware of, it is usually because all correspondence had been sent to a previous address. Fortunately, legislation is in place to protect you. All bailiff enforcement will be placed on hold for a short while (approx 4-6 weeks) if a Dart Charge Out of Time Witness Statement (TE7 and TE9) is submitted to the Traffic Enforcement Centre (TEC).
A Word of Warning.
Before rushing off and submitting a Dart Charge Out of Time witness statement, please read this page carefully. Although the forms (TE7 and TE9) may look simple to complete, it should be remembered that 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 mainly due to very poorly drafted Out of Time 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 court fee applies to EACH Out of Time witness statement !!
Why was correspondence sent to my previous address?
Usually because the V5C/Log Book had not been updated at DVLA following a change of address. When a vehicle makes a journey over the Dartford crossing without paying, an electronic request is made to DVLA for vehicle keeper details. DVLA will respond with the name and address registered for that particular vehicle at the date of the crossing. Sadly, since the scrapping of paper tax discs and the requirement to tax a vehicle online, many people forget to update their V5C/Log Book when they move address. This is very common problem indeed.
My Dart Charge account was closed.
Another very common problem and is 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. If you have registered your bank details with Dart Charge so that crossing charges are deducted automatically, you need to be aware that if your debit or credit card expires, you must update your account with the new card details. Failure to do so, will lead to the Dart Charge being closed.
Correspondence had been sent to the vehicle hire company or finance company.
This is another very common situation. 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 if 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 the fact that in the vast majority of cases, when a motorist has moved address, he updates 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 Out of Time Witness Statement (TE7 and TE9) can only 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 receive 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).
I have multiple unpaid Dart Charges.
If you have Marston, Equita Ltd or JBW Group 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 not known about, please seek advice before you submit an Out of Time witness statement. You can email a question to us using our online Enquiry Form.
What will happen when I submit my Dart Charge Out of Time Witness Statement?
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.
Will the warrant be cancelled if I file a Dart Charge Out of Time witness statement (TE7 and TE9?)
Only if your application is accepted. If so, the warrant will be revoked and all bailiff fees (of up to £310) will be cancelled.
What will happen if my Out of Time witness statement is granted?
Dart Charge will re-issue you a new Penalty Charge Notice. You will then have the opportunity to pay the charge at the earlier discounted rate. If your vehicle had been removed to the bailiff’s pound, it must be released without charge. Further details can be read on this page.
What happens if my Out of Time witness statement (late appeal) is rejected?
The warrant will cease being on hold. 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. Unfortunately, there is a court fee for a review of up to £255. This fee is payable for each Dart Charge Out of Time witness statement rejected !! The rejection of an Out of Time witness statement is outlined in more detail here.
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, we are pleased at the high percentage of applications drafted by us that are 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 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 helpline. Details are on our Contact page.
Lastly, our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.