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 completing an Out of Time Witness Statement and submitting it by email 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) 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 a few 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 bailiff fees removed). Dart Charge may issue a new Notice to Owner allowing you to pay the charge at the earlier discounted rate.
Are Out of Time Witness Statement always accepted?
Unfortunately not. Approx 60% of Out of Time witness statements are rejected, and from the large number of enquiries that we receive on this subject, it is evident that in the vast majority of cases, the rejection had been caused by the TE7 and TE9 (or PE2 and PE3) forms being very poorly completed. We have recently introduced a new page to our website to explain this problem in more detail.
What will happen if my Dart Charge Out of Time Witness Statement is rejected?
If Highways England (who administer the Dart Charge) refuse to give permission for you to file an Out of Time Witness Statement, the case will be passed to a Court Officer at the Traffic Enforcement Centre. That person will make an impartial decision as to whether the decision by Highways England was correct. You will be advised of the decision by post. If your application is rejected, please read this page. Failure to act quickly, will result in bailiff enforcement recommencing.
Help with completing a Dart Charge Out of Time Witness Statement
The Traffic Enforcement Centre is part of Northampton County Court and Out of Time witness statements are County Court applications. Accordingly, great care and attention needs to be taken with completing these forms.
As no two cases are the alike, it is unfortunately very difficult for us to provide a ‘template’ Dart Charge Out of Time Witness Statement. But if you require assistance with completing the forms, please see below.
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 completing the TE7 and TE9, 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.