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Can I sue DfT for incorrectly issued PCN's

2dareis2do
2dareis2do Posts: 58 Forumite
Fifth Anniversary 10 Posts Photogenic Combo Breaker
edited 12 February at 8:39PM in Parking tickets, fines & parking
Today I received 3 PCN's from The Department for Transport for Dartford Crossing Charge from 7-8 days ago. 

I know these have been issued incorrectly because I have never used the Dartford Crossing!

There are camera shots attached that shows the vehicle and registration number but it is barely visible.

In the UK, hundreds of thousands of PCN's are issued incorrectly each year. This is a form of harassment and unnecessary cause if stress. Is it therefore possible to seek compensation for unnecessary harassment and duress caused by these incorrectly issued PCN's?

it also follows that The Department for Transport must have obtained my registration details from the DVLA without just cause. Is it also worth reporting them to the ICO?


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Comments

  • Car1980
    Car1980 Posts: 1,982 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Bizarrely it's operated by emovis Operations Leeds LTD.

    I'd write to them, explaining and that if it continues to happen you will invoice them at the standard rate of £19 per hour to deal with cancelling each erroneous PCN and seek redress in county court if compensation is not made.

    DVLA aren't interested because they make £2.50 a pop.

  • swingaloo
    swingaloo Posts: 3,598 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Does it look like your vehicle in the photograph? Have your number plates perhaps been cloned?

    You can only sue for compensation if you have provable losses, not for harassment  or duress.
    You certainly cant invoice them for your time dealing with or cancelling the invoices.
  • Flugelhorn
    Flugelhorn Posts: 7,448 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I would be checking for a cloned vehicle - check the photos 
  • Keep_pedalling
    Keep_pedalling Posts: 21,441 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    More likely to be number plate misread. 
  • 2dareis2do
    2dareis2do Posts: 58 Forumite
    Fifth Anniversary 10 Posts Photogenic Combo Breaker
    Flugelhorn said:
    I would be checking for a cloned vehicle - check the photos 
    Thanks.

    The photos are very small and even with a magnifying glass they are difficult to read. 

    I looked again at the photo and it does look my registration I think the possibility of it being cloned appears to be the most likely explanation.

    I have reported to the police who gave me a reference number while kindly explaining that cloning a registration plate is not a criminal offence.

    I have also contacted the Department for Transport using the provided Dart Charge appeal process citing ground as other. 

    I also received another notice which I saw online when I appealed the 3 I had received.

    This morning I saw on the BBC that:
    Amazon bans number plates as illegal supply found
    "https://www.bbc.co.uk/news/articles/czdl23nyzg8o"

    They mention 1 of the companies are linked to a previous Dragons' Den contestant.

    This morning I received a response from donotreply@pay-dartford-crossing-fine.service.gov.uk

    "Your representation has been dealt with and a response has been sent to you separately to confirm the outcome."

    I have also received another notice in the post, indicating addition to the the one I saw previously

    I will await to hear further and try and let you know what their response was.

  • 2dareis2do
    2dareis2do Posts: 58 Forumite
    Fifth Anniversary 10 Posts Photogenic Combo Breaker


    Car1980 said:
    Bizarrely it's operated by emovis Operations Leeds LTD.

    I'd write to them, explaining and that if it continues to happen you will invoice them at the standard rate of £19 per hour to deal with cancelling each erroneous PCN and seek redress in county court if compensation is not made.

    DVLA aren't interested because they make £2.50 a pop.

    Thanks for the tip. Worth a try.

  • 2dareis2do
    2dareis2do Posts: 58 Forumite
    Fifth Anniversary 10 Posts Photogenic Combo Breaker
    I would be checking for a cloned vehicle - check the photos 
    I think you are right.

    Unfortunately the dart crossing photos are very dark and small. However my number plate is quite distinctive and has some wear which often fools ANPR systems such as the one at my local skip. Also it has the name of the firm that made them, which is probably different, but I certainly can't tell that from the photos they have shared.
  • 2dareis2do
    2dareis2do Posts: 58 Forumite
    Fifth Anniversary 10 Posts Photogenic Combo Breaker
    More likely to be number plate misread. 
    That was my initial thought.
  • 2dareis2do
    2dareis2do Posts: 58 Forumite
    Fifth Anniversary 10 Posts Photogenic Combo Breaker
    edited 12 February at 8:40PM
    Car1980 said:
    Bizarrely it's operated by emovis Operations Leeds LTD.

    I'd write to them, explaining and that if it continues to happen you will invoice them at the standard rate of £19 per hour to deal with cancelling each erroneous PCN and seek redress in county court if compensation is not made.

    DVLA aren't interested because they make £2.50 a pop.

    I did a bit more digging on this and looking at company house it seems their registered address in Issy, Les Molineaux, France.

  • 2dareis2do
    2dareis2do Posts: 58 Forumite
    Fifth Anniversary 10 Posts Photogenic Combo Breaker
    Thanks again for your replies.

    Just to update you, I received a letter this morning dated the 12th to say that the DfT have accepted my representation and accept that my registration number plate has been cloned. They also stated that, if they have any new evidence to the contrary, they reserve the right to reissue the cancelled PCN's (7 in total).

    Bit of a hassle, but thankfully they have accepted my appeal for now. Hopefully this is an end to this matter.

    As car1980 mentioned, the address is in Leeds.

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