Dart charge wont contact bailiff

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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gdabar
Posts: 3
Joined: 05 Apr 2021 09:32

Dart charge wont contact bailiff

Post by gdabar »

I was wondering if anyone has had a similar situation and what they did.

I have filed a TE7 and TE9 with the TEC. I sent the TEC's acknowledgement plus a claim from the finance company stating that they own the vehicle to the Dart charge email.

I was first told by a dart charge operator that they would contact the bailiff (Marston) to inform them to remove the clamp. This would have solved all my problems. Instead, when I called the dart charge line later, I was told that no email would be sent because they are not able to contact the bailiffs themselves. I was even told that they do not have any contact details for the bailiff.
The bailiff themselves told me that the creditor deals directly with their 'client care' team.

This is weird dart charge have said this as on many occations the creditor/local authority have contacted the bailiff to instruct them to remove the clamp baised on an 'out of time' submission plus the claim of ownership from the finance company.

Does anyone have any advice or has anyone dealt with dart charge and got them to contact the bailiff?


On a side note, the charge came from a combination of satnav directions and lack of turn off's. So I went over but came back over straight away (so I have been chared twice) but can this be mitigating circumstances for them to cancel the PCN?

Thanks in advance for any advice/information that could be given.
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Dart charge wont contact bailiff

Post by zeke »

A TE7 TE9 is for challenging a traffic contravention. It has nothing to do with vehicle ownership.

The Dart Charge helpline won't be concerned about a clamped hire-purchase vehicle.

Solicitors recovering damages for clamping hire-purchase cars for an unpaid Dart Charge litigate Highways England. They are liable for bailiffs acting under its authority.

Solicitors never contact a bailiff company about clamping a hire purchase car, except for giving the statutory pre-action communication.

Bailiff companies respond with a chronicle of the history of traffic contravention debt, the warrant and the enforcement steps they have taken. The solicitor will exhibit that with the client's witness statement and recover the damages from Highways England.
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