Dart Charge Out of Time Witness Statement (TE7 and TE9)
Note: This page was updated on 14th November 2017. Please see our commentary at the foot of the page.
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, (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 halted for a short period of time (usually 6 weeks) 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 allow for a Dart Charge Out of Time Witness Statement (TE7 and TE9) or late appeal to be submitted on the following four specific grounds.
- That you did not receive a Notice to Owner from Highways England (usually because all notices had been sent to a previous address).
- 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 (by midnight the day after the crossing).
What will happen when I submit a Dart Charge Out of Time Witness Statement?
On receipt of your Dart Charge Out of Time witness statement, the Traffic Enforcement Centre will acknowledge receipt of your forms and advise Highways England to instruct either Marston Holdings, 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 Notice to Owner giving you the opportunity to pay the Dart Charge at the earlier discounted rate.
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 relate to Highways England sending Dart Charge notices to a previous address (because the V5C/Log Book had not been updated by DVLA following a change of address).
In many cases though, the fault is found to be 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 (for instance, when a bank card expires etc).
If you have multiple Dart Charges that you had not known about, please do consider contacting us before submitting Out of Time witness statements as mistakes (or poorly drafted forms) can prove to be 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 chance of the application being accepted.
What happens if my Out of Time witness statement (late appeal) is rejected?
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. Such an application (on form N244) must be made within 14 days of you receiving the decision from the Traffic Enforcement Centre. Unfortunately, there is a court fee of up to £255 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..and even more so, in cases where you may have more than one outstanding Dart Charge.
Help with completing an 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
Sadly, we are receiving a significant number of enquiries from individuals whose applications have been rejected and where the fault is clearly because their Out of Time witness statement had been very poorly drafted. 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 email a question to Bailiff Advice using our very popular Question page. Alternatively, you can contact us by phone. Details are on our Contact page.