Unpaid Toll Fines while car was in garage

ceeej

Last month we received an unpaid toll fine through the post for a crossing over a local bridge made in February (Warburton and Rixton, it's notoriously bad and the subject of many conversations).

The crossing was undoubtedly made by our car so we paid the £30 fine and £1 toll fee even though we were unable to remember who was driving or why we'd have been crossing.

The next day we received a second fine for another crossing made the day after the first and this time the details made it obvious it wasn't us, we would have been at work at the time of the crossing.

It turns out the two crossings were made during the fortnight our car was in the garage having the clutch replaced (yes, it took too long, parts delay apparently)

We've spoken to the garage and they promised to sort it out but today we've received a notice to say the fine hasn't been paid and now we owe over £100.

Obviously we will speak to them again, we can tell the toll company that we didn't have the car at the time but they state that the registered owner is liable and our 'proof' is only our diaries and the garage invoice.

If they refuse to accept our 'evidence' what options do we have if the garage won't pay?

paul_c123

What is a registered owner?

Mildly_Miffed

https://forums.moneysavingexpert.com/discussion/comment/82054516#Comment_82054516

Fairly obviously Registered Keeper…

It's straightforward, OP… You need to pay it, then whether you get the garage to reimburse you or not is between you and them.

ceeej

https://forums.moneysavingexpert.com/discussion/comment/82054535#Comment_82054535

My bad, yes, registered keeper.

I get that (despite the assurances from the garage that they had paid it) we need to pay, but I want to know what our options are to recover the money from the garage as it seems extremely unlikely they will reimburse us after their broken promises last month.

Small claims court?

Sam_666

You posted Q in wrong place.
Read sticky notes in "Parking tickets, fines & parking".
Post full copy of fine letter, removing personal info.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82054535#Comment_82054535

Terrible advice.Absolutely no need to pay it, as Sam_666 said, get it into the parking forum for proper feedback.

Also advise the toll company that you weren't the driver, provide them the evidence that the car was in the garage (and any comms from the garage confirming that) and then ignore anything further from them or any debt collectors.

paul_c123

https://forums.moneysavingexpert.com/discussion/comment/82054547#Comment_82054547

https://www.legislation.gov.uk/uksi/2024/630/article/8/made

The tolls on this weird little bridge were capped at 12.5p until very recently, then in 2024 the bridge was improved and ANPR was introduced to help administer payment. The law was written such that the registered keeper is liable for the charges.

It is important to distinguish between owner and keeper in certain cases (hence why I asked for clarification on this); also in certain cases its important to distinguish between keeper and driver. But here, its written into the law that its the RK. (And in many cases, owner/keeper/driver are one and the same anyway).

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82054825#Comment_82054825

Doesn’t matter who was driving, it is the registered keeper who is liable.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82055212#Comment_82055212

That's what they'd like you to think, but the specific wording of the legislation doesn't read that way to me. Specifically section 23 which is very specific about who is liable to pay the toll:

23. A person driving a vehicle across the Rixton and Warburton Bridge is liable to pay a toll at a level displayed at all entry points onto the Rixton and Warburton Bridge

https://www.legislation.gov.uk/uksi/2024/630/made

Mildly_Miffed

"Article 8
(4) The person by whom tolls under this Order and penalty charges imposed in connection with this Order are payable in respect of a motor vehicle is the registered keeper."

How far do you want to go in order to test that, legally?
I'd suggest that VERY few people would wish to go to any kind of length. Proving legal points of principle tends to get very expensive.

paul_c123

https://forums.moneysavingexpert.com/discussion/comment/82055289#Comment_82055289

That's the byelaws, which have been superseded.