Disputing a Violation Notice
We understand that sometimes drivers are unable to pay tolls at the time of crossing. We have a process that allows for later payment of the toll. If payment is made within five calendar days, a small supplement to cover the additional administration and accountancy costs is added. This initial fee matches the authorised class 2 (car) toll within the Toll Order current at the time of crossing. After this time a violation notice will be issued requiring payment of a larger sum to mitigate some of our additional administration plus the unpaid toll. These fees have been authorised by our governing Committee using powers granted under Tamar Bridge Acts.
If the notice is disputed, the registered keeper of the vehicle must follow the process described below, which is consistent with our general complaint procedure.
PLEASE NOTE: Civil processes for unpaid Violation Notices normally commence 29 days after the Notice is issued. We reserve the right to modify or retain this schedule solely at our own discretion should any representation or appeal be rejected.
Stage 1 – Make a representation
A representation is a chance to challenge the Notice and forms part of a legal process. There are rules that must be followed by both the person making the representation (usually the registered keeper of the vehicle concerned) and us. This link below provides advice about the representation process, possible grounds for making a representation, the evidence that should be provided and what you can expect from us.
Stage 2 – Make an appeal
If your representation is rejected, you may appeal against this decision on specified grounds to the Governance and Finance Manager. The Governance and Finance Manager will consider your appeal and make a decision, which in the normal course of events will represent the end of the dispute. An appeal will normally be rejected if the representation process was not first completed. The process is described, in detail, in the link below.
Save for referral to the Monitoring Officer or Ombudsman on the limited grounds prescribed by each, the decision will be final.
Further Stages
If you believe that your representation and appeal have not been handled properly or that the process has been improperly administered, then you may choose to appeal to Cornwall Council’s Monitoring Officer or the Local Government Ombudsman. Appeals to each need to follow specific rules and your appeal will be required to be on allowable grounds and follow the prescribed process.
If you receive an Order for Recovery related to the Notice, but you did not receive the Violation Notice, or a response to your representation or appeal, you may be able to make a Statutory Declaration. The necessary form is provided with the Order.