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Dart Charge — PCN not served on registered keeper at material time

Dart Charge PCNs must be served on the registered keeper at the time of the crossing. Where the vehicle was sold/transferred before the crossing, or DVLA records are stale, PCNs are wrongly served. The previous keeper has a complete defence on production of V5C transfer date.

Legal basis

Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 (SI 2013/1783) reg.6; Vehicle Excise and Registration Act 1994 s.22; statutory ground 'the recipient was not the keeper'

How to identify this in your case

Check V5C 'date of transfer' against crossing date. Get the buyer/seller details from V5C/3 slip if you sold; or new V5C if you bought.

Sample appeal wording

Dear Sir/Madam, Re: PCN [NUMBER] — Vehicle [REG] — Crossing [DATE] I challenge this PCN. I was not the registered keeper at the time of the alleged contravention. - Crossing date: [DATE] - I [sold the vehicle to [Name] on [DATE] / acquired the vehicle on [DATE]] - V5C section [9/10] / V5C/3 transfer slip attached Under SI 2013/1783 reg.6 the PCN must be served on the registered keeper at the time of the contravention. I was not that person. This is an express ground of representation: 'the recipient is not the person liable'. Please cancel the PCN and pursue the actual keeper if appropriate. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

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