Dart Charge Out of Time Witness Statement (TE7 and TE9)
If you have received a letter or a visit, from Marston Holdings, Equita Ltd or JBW Judicial Services in relation to a Dart Charge Penalty Charge Notice that you knew nothing about, (most commonly, because all notices had been sent to a previous address), then all bailiff enforcement can be halted by submitting 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?
The regulations only allow for a Dart Charge Out of Time Witness Statement (TE7 and TE9) or late appeal to be submitted on one of the following four specific grounds.
- That you did not receive a Notice to Owner.
- That you appealed the Dart Charge within 28 days of service of the Notice to Owner, but that you had not received a Notice of Rejection.
- That within 28 days from service of the Notice of Rejection, you appealed the decision to the Parking Adjudicator but had not received a response.
- That you had paid the Dart Charge in full (before a warrant had been issued).
What will happen when I submit a Dart Charge Out of Time Witness Statement?
The Traffic Enforcement Centre will acknowledge receipt of your forms and advise Highways England to instruct their bailiff company to cease all enforcement of the warrant. The case will then be ‘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 file the witness statement late (out of time).
If Highways England accept your application, the warrant will be revoked and all bailiff fees removed. The penalty will be ‘rewound’ back to the earlier stage, and Dart Charge may issue a new Notice to Owner allowing you to pay the charge at the earlier discounted rate.
I have multiple Dart Charges outstanding that I did not know about.
This is a very common enquiry that we receive. In many of these cases, the fault is due to a Dart Charge account being cancelled without the motorist being aware. This can be due to insufficient funds being in the bank account on the day of a crossing or when bank account details change (a bank car expiring etc). If you have multiple Dart Charges that you had not known about, please contact us before submitting Out of Time witness statements and mistakes on the forms can prove very costly indeed.
Will my 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. It has to be remembered that Out of Time witness statements are County Court applications and as such, great care and attention needs to be taken with these forms to improve the chances of the application being accepted. This is all the more important given that if your Out of Time witness statement (or late appeal) is rejected, you can request that the decision be reviewed…..but there is a court fee of up to £255 for such an application and furthermore, (and this is very important if you have more than one outstanding Dart Charge)…….this fee is payable for each Out of Time witness statement that is rejected.
PS: Please see our section below for assistance with completing the Out of Time witness forms.
What happens if my Out of Time witness statement (late appeal) is rejected?
You will be given a period of 14 days in which to make an application to the County Court (on form N244) to have the decision reviewed. However, there is a court fee of up to £255 for such applications and this fee is charged for each Out of Time witness statement that is rejected. It is for this reason, that we stress the importance of ensuring that your Out of Time witness statement (TE7 and TE9) is very carefully drafted. This is all the more important in cases where more than one Out of Time witness statement (late appeal) is required.
If an application for a review is not submitted within 14 days, bailiff enforcement recommences.
Help with completing an Out of Time Witness Statement
For over 10 years, we have been assisting motorists with drafting Out of Time witness statements (TE7 and TE9) and Out of Time statutory declarations (PE2 and PE3) 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 below. There is a small fee for this service.
Note from Bailiff Advice
We have a significant amount of experience with Dart Charge Out of Time Witness Statements (TE7 and TE9). If you require assistance with drafting the TE7 and TE9 forms, you can email a question to us using our popular Question page. Alternatively, you can contact us by phone. Details are on our Contact page.