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Our best advice with Penalty Charge Notices and Fixed Penalty Notices is to pay them as quickly as possible, while the 50% discounted period still applies. Do NOT try to evade them - they will come back to haunt you far worse later on.
However, if you're here, you may be beyond that stage, and the suggestions below are designed to help you find a way forward. If you have any questions, just put up a post HERE and we'll do all we can to help you.
Penalty Charge Notices
Important Information for PCN’s
All local authorities offer a 50% discount if payment is made within 14 days from the date of the issue of the PCN. After that time the fine reverts back to the full amount. If a Local Authority believes procedures have been followed correctly, but the PCN remains outstanding, an application may be made to the Traffic Enforcement Centre (TEC) to register the penalty as a debt. This will then be served on you, together with a Statutory Declaration Form (see below):
The respondent must send to the Centre –
(1) a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and
(2) a completed –
(a) statutory declaration in form PE 3; or
(b) witness statement in form TE 9.
(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))
If you were previously unaware of the PCN, you should file the Statutory Declaration Form within 36 days. After the 36 day period, the Local Authority can apply for a warrant and bailiffs may be instructed.
The Statutory Declaration is an oath stating that an earlier part of the enforcement process which should have happened, did not. Having a Statutory Declaration accepted does not cancel the PCN, though it does reduce the fine by 50% again. The matter will be referred back to the Local Authority to decide what action they wish to take next.
Ultimately, if the PCN still remains unpaid, then the Local Authority is likely to apply to the TEC for authorisation to enforce the registration of the debt through a Warrant of Execution. The TEC only gives the Local Authority the authority to issue a Warrant of Execution. The LA draws the warrant and employs a certificated bailiff to enforce as they would, for example, for Council Tax. The remit for certificated bailiffs thus applies. Once this has happened you need to file a Statutory Declaration, Out of Time (see below):
The respondent must send to the Centre –
(1) a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and
(2) a completed –
(a) statutory declaration in form PE 3; or
(b) witness statement in form TE 9.
(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))
If you file a Statutory Declaration, Out of Time, you should tell the bailiff and provide them with evidence. On receiving an acceptable application, the TEC will notify the Local Authority concerned, and give them 19 working days to either accept or reject the application.
If accepted, the application will be treated as ‘in time’ and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide on their next action. If rejected, the application will be referred to a Court Officer at the TEC for an impartial decision to be made.
Many questions are answered HERE.
Bailiffs tend to add highly inflated fees to these accounts. If you suspect this may be the case, you should write to them using Letter 1 from HERE
Fees
Sending a letter = £11.20 (Can only be charged once)
Sum up to £200 = 28% (Minimum fee of £28.00)
Any sum over £200 = 5.5%
Bailiffs can charge fees for a maximum of three visits. It is illegal to charge multiple fees for recovering more than one ticket in one visit.
Transportation of Seized Goods = Reasonable Costs (these should be broken down)
See Schedule One of the 1993 Regulations read alongside Number 2 of the 2003 Amendments for other incidental fees.
There are two main relevant pieces of legislation:
The Traffic Management Act 2004
The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993
Updated by:
The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003
__________________________________________________ __________________________________________________ _____________________________
Fixed Penalty Notices
These are issued by the police and are criminal fines. FPN’s are thus enforceable though the Magistrates’ Court and bailiffs’ powers will be the same as those outlined in the ‘Magistrates’ Court Fines’ section. FPN’s are non-endorseable, so you will not get points on your licence for them. FPN’s are also issue for other motoring offences which are endorseable. If you have issues with these, please post them on the forum.
Fees vary between different enforcement authorities – see Schedule Nine of the Traffic Management Act 2004.
__________________________________________________ __________________________________________________ _____________________________________________
Private Parking Companies and Parking Charge Notices
For advice on these, please see HERE.
__________________________________________________ __________________________________________________ _____________________________
Common Questions (please see further down for answers):
1. I have been charged for a date when the bailiff couldn’t have gone to the house. What should I do?
2. I have an unpaid PCN. My van and tools have been taken so I can’t work, is this legal?
3. What is the TEC and what does it do?
4. What’s the difference between a Fixed Penalty Noticy, a Penalty Charge Notice and a Parking Charge Notice?
1. I have been charged for a date when the bailiff couldn’t have gone to the house. What should I do?
You should report this immediately in writing to the Bailiff Company, copying your letter to the Local Authority. Ask for evidence of the visit and for the relevant fee to be removed from the account. You may wish to swear a Statutory Declaration at your local High Street solicitor’s office, which acts as though you have sworn this in court.
2. I have an unpaid PCN. My van and tools have been taken so I can’t work, is this legal?
Quite possibly it is legal. In order to prove essential usage of a vehicle, you need to be able to prove that, for example, you could not do your job using public transport. Obviously a vehicle such as a taxi could not be seized, whereas a vehicle belonging to a carpenter may be considered fair game. Vehicles are attractive to bailiffs as they do not need to gain peaceful entry to levy on them. It is therefore wise to park them out of the way. Vehicles on Hire Purchase should not be seized.
3. What is the TEC and what does it do?
This link answers this question well.
4. What’s the difference between a Fixed Penalty Noticy, a Penalty Charge Notice and a Parking Charge Notice?
It is very important you understand the difference between these. I would recommend strongly you re-read the main thread for the answer to this question.
A Fixed Penalty Notice is issued by the Police, dealt with in the Magistrates’ Courts and is a criminal offence.
A Penalty Charge Notice is issued by Traffic Enforcement Officers (Traffic Wardens) and is dealt with through the County Courts. As such it is a non - endorsable civil offence.
A Parking Charge Notice is issued by a Private Company.
However, if you're here, you may be beyond that stage, and the suggestions below are designed to help you find a way forward. If you have any questions, just put up a post HERE and we'll do all we can to help you.
Penalty Charge Notices
Important Information for PCN’s
All local authorities offer a 50% discount if payment is made within 14 days from the date of the issue of the PCN. After that time the fine reverts back to the full amount. If a Local Authority believes procedures have been followed correctly, but the PCN remains outstanding, an application may be made to the Traffic Enforcement Centre (TEC) to register the penalty as a debt. This will then be served on you, together with a Statutory Declaration Form (see below):
The respondent must send to the Centre –
(1) a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and
(2) a completed –
(a) statutory declaration in form PE 3; or
(b) witness statement in form TE 9.
(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))
If you were previously unaware of the PCN, you should file the Statutory Declaration Form within 36 days. After the 36 day period, the Local Authority can apply for a warrant and bailiffs may be instructed.
The Statutory Declaration is an oath stating that an earlier part of the enforcement process which should have happened, did not. Having a Statutory Declaration accepted does not cancel the PCN, though it does reduce the fine by 50% again. The matter will be referred back to the Local Authority to decide what action they wish to take next.
Ultimately, if the PCN still remains unpaid, then the Local Authority is likely to apply to the TEC for authorisation to enforce the registration of the debt through a Warrant of Execution. The TEC only gives the Local Authority the authority to issue a Warrant of Execution. The LA draws the warrant and employs a certificated bailiff to enforce as they would, for example, for Council Tax. The remit for certificated bailiffs thus applies. Once this has happened you need to file a Statutory Declaration, Out of Time (see below):
The respondent must send to the Centre –
(1) a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and
(2) a completed –
(a) statutory declaration in form PE 3; or
(b) witness statement in form TE 9.
(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))
If you file a Statutory Declaration, Out of Time, you should tell the bailiff and provide them with evidence. On receiving an acceptable application, the TEC will notify the Local Authority concerned, and give them 19 working days to either accept or reject the application.
If accepted, the application will be treated as ‘in time’ and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide on their next action. If rejected, the application will be referred to a Court Officer at the TEC for an impartial decision to be made.
Many questions are answered HERE.
Bailiffs tend to add highly inflated fees to these accounts. If you suspect this may be the case, you should write to them using Letter 1 from HERE
Fees
Sending a letter = £11.20 (Can only be charged once)
Sum up to £200 = 28% (Minimum fee of £28.00)
Any sum over £200 = 5.5%
Bailiffs can charge fees for a maximum of three visits. It is illegal to charge multiple fees for recovering more than one ticket in one visit.
Transportation of Seized Goods = Reasonable Costs (these should be broken down)
See Schedule One of the 1993 Regulations read alongside Number 2 of the 2003 Amendments for other incidental fees.
There are two main relevant pieces of legislation:
The Traffic Management Act 2004
The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993
Updated by:
The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003
__________________________________________________ __________________________________________________ _____________________________
Fixed Penalty Notices
These are issued by the police and are criminal fines. FPN’s are thus enforceable though the Magistrates’ Court and bailiffs’ powers will be the same as those outlined in the ‘Magistrates’ Court Fines’ section. FPN’s are non-endorseable, so you will not get points on your licence for them. FPN’s are also issue for other motoring offences which are endorseable. If you have issues with these, please post them on the forum.
Fees vary between different enforcement authorities – see Schedule Nine of the Traffic Management Act 2004.
__________________________________________________ __________________________________________________ _____________________________________________
Private Parking Companies and Parking Charge Notices
For advice on these, please see HERE.
__________________________________________________ __________________________________________________ _____________________________
Common Questions (please see further down for answers):
1. I have been charged for a date when the bailiff couldn’t have gone to the house. What should I do?
2. I have an unpaid PCN. My van and tools have been taken so I can’t work, is this legal?
3. What is the TEC and what does it do?
4. What’s the difference between a Fixed Penalty Noticy, a Penalty Charge Notice and a Parking Charge Notice?
1. I have been charged for a date when the bailiff couldn’t have gone to the house. What should I do?
You should report this immediately in writing to the Bailiff Company, copying your letter to the Local Authority. Ask for evidence of the visit and for the relevant fee to be removed from the account. You may wish to swear a Statutory Declaration at your local High Street solicitor’s office, which acts as though you have sworn this in court.
2. I have an unpaid PCN. My van and tools have been taken so I can’t work, is this legal?
Quite possibly it is legal. In order to prove essential usage of a vehicle, you need to be able to prove that, for example, you could not do your job using public transport. Obviously a vehicle such as a taxi could not be seized, whereas a vehicle belonging to a carpenter may be considered fair game. Vehicles are attractive to bailiffs as they do not need to gain peaceful entry to levy on them. It is therefore wise to park them out of the way. Vehicles on Hire Purchase should not be seized.
3. What is the TEC and what does it do?
This link answers this question well.
4. What’s the difference between a Fixed Penalty Noticy, a Penalty Charge Notice and a Parking Charge Notice?
It is very important you understand the difference between these. I would recommend strongly you re-read the main thread for the answer to this question.
A Fixed Penalty Notice is issued by the Police, dealt with in the Magistrates’ Courts and is a criminal offence.
A Penalty Charge Notice is issued by Traffic Enforcement Officers (Traffic Wardens) and is dealt with through the County Courts. As such it is a non - endorsable civil offence.
A Parking Charge Notice is issued by a Private Company.
