Home / Advice / M6 Toll charge is a private debt, not a penalty
proceduralUK · EnglandDifficulty: moderate

M6 Toll charge is a private debt, not a penalty

The M6 Toll is run by a private company under a commercial agreement, so any unpaid toll produces a 'Payment Notice' — a private debt claim, not an official Penalty Charge Notice issued by a council or government body. Different rules apply. You may have a strong challenge if you already paid, if you no longer owned the vehicle when the toll was incurred, if the debt-collection company's claim doesn't stack up, or if no contract was actually formed — for example, because you used a cash toll booth in a way that was supposed to be cashless. Any claim is also time-limited: the company cannot chase you for a debt that is more than six years old.

Legal basis

M6 Toll Concession (private agreement, not statutory); Highways Act 1980; Consumer Rights Act 2015 (unfair terms in T&Cs); Vehicle Excise and Registration Act 1994 s.22 (DVLA data); Limitation Act 1980 (6-year limitation for simple contract debt)

How to identify this in your case

Treat M6 Toll claims as contractual NOT statutory. Check operator T&Cs, payment records, V5C transfer dates, age of debt (6-year limitation).

Sample appeal wording

Dear Sir/Madam (M6toll Customer Services / [Recovery Agency]), Re: Payment Notice [REF] — Crossing [DATE] — Vehicle [REG] I dispute this charge. 1. M6 Toll Payment Notices are contractual claims, not statutory PCNs. They are subject to the Consumer Rights Act 2015 and the Limitation Act 1980. 2. [Select applicable]: - Payment was made on [DATE] via [method]; receipt attached. - I was not the registered keeper at the time of the crossing — V5C transfer dated [DATE] attached. - The crossing was [DATE] — over 6 years ago — the claim is statute-barred under the Limitation Act 1980 s.5. - The terms allowing escalation of a £6 toll to £[X] are unfair under Consumer Rights Act 2015 s.62. 3. I do not acknowledge any debt. Please provide a copy of the contract you allege I entered into and the original Payment Notice. If you proceed I will defend any County Court claim and counter-claim for distress/costs as appropriate. Yours faithfully, [NAME]

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

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Sources

Related appeal grounds

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