Appeal Penalty Charge Notice (PCN)

Appealing the PCN after bailiffs have been instructed suspends enforcement

You can only appeal the PCN if you or your company is named on the warrant of control

A late appeal is called an Out of Time or "OOT".

Make an Out of Time (OOT) Statutory Declaration, called a "stat-dec" to appeal a non-moving traffic or a Dart Charge offence by downloading and completing court forms TE9 and TE7

Make an Out of Time (OOT) Witness Statement to appeal a moving traffic offence by downloading and completing court forms PE3 and PE2

Applies to:

Local Councils

Transport for London - 0343 222 3333

Dart Charge - 0300 300 0120

Highways England - 0300 123 5000

Paying a fixer

Fixers hang out on internet forums and use a shill person to appraise or recommend the fixer.

The fixer charges £45 to £220 to prepare court documents to suspend traffic penalties (and clandestinely tip off bailiff companies). Sheila Harding "bailiff advice", peddles on Marc Gander's Consumer Action Group website, the LegalBeagles Forum, and Pepipoo Motoring forums. Sheila has multiple criminal convictions for fraud. Source.

If a fixer approaches you offering to appeal a traffic debt for reward, contact the Trading Standards Scams Team on 03454 04 05 06

If you don't know the PCN number, the issuing authority or council can give it to you by quoting the vehicle registration.

The name of the council should be on the Notice of Enforcement, if it is not, or the bailiff has not given a notice, enforcement is invalid.

If you don't know the name of the council or authority that issued the warrant of control, then ask the bailiff company to give the PCN number, or the name of the issuing authority or council.

If the bailiff company refuses to identify the PCN number on the warrant of control, then enforcement fails because the debt has no provenance, or it is bogus.

The law says the debtor must be given a Notice of Enforcement which must carry sufficient information to enable the debtor to identify the debt correctly, if the PCN number is missing on the notice, then the fees are invalid and you can apply for a Detailed Assessment and this suspends enforcement.

Bailiff companies substitute the PCN number with a reference number which has no meaning to anyone other than the bailiff company itself. It is to make it difficult for you to appeal the PCN and suspending the enforcement power.

If the bailiff has already taken control of a vehicle, you can apply for an injunction because the enforcement is in breach of Paragraph 26(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 which requires bailiffs to show evidence of the enforcement power - the warrant of control, which has the PCN number printed on it.

It does not have to be on paper, but you can take a picture of it shown on the bailiff's device to capture the PCN number.

When you have the PCN number

Download and complete the forms from the HM Court Service website.

For non-moving traffic offences (parking) and Dart Charge - Use forms TE9 and TE7

For everything else, e.g. moving traffic offences/bus lanes - Use forms PE3 and PE2

If you don't know which forms to complete, telephone the Traffic Enforcement Centre (The TEC) on 0300 123 1059 (press 4 to skip the robot) and give the PCN number.

If you have changed address, the authority needs to re-apply for a warrant with your new address.

Telephone the TEC on 0300 123 1059 giving the PCN number. When they ask to confirm your address - give your vehicle REGISTERED address. If they accept that address, and its is not your current address, appeal the PCN because you have not been given the PCN or the Notice to Owner (NTO). This often happens when you are a victim of a drive-by clamping event.

Completing forms TE9 and TE7

Complete the form TE9 witness statement

Penalty Charge No. enter the PCN number
Vehicle Registration No., enter UNKNOWN
Applicant, enter UNKNOWN
Location of Contravention, enter UNKNOWN
Date of Contravention, enter UNKNOWN

Tick the box - I did not receive the Notice to Owner / Penalty Charge Notice (Parking Contravention)

Complete the form TE7, out of time statement

Under Reason(s), enter: (for example) The warrant of control has my previous address [GIVE Previous ADDRESS] and on [DATE] an enforcement agent took an enforcement step without the authority requesting the issue of a new warrant specifying the new address of the respondent under CPR 75.7(7) enabling me to pay or challenge the original penalty charge notice.

I attach evidence of my current address.

Completing forms PE3 and PE2

Complete the form PE3 Statutory declaration:

Penalty Charge No. enter the PCN number
Vehicle Registration No., enter UNKNOWN
Applicant, enter UNKNOWN
Location of Contravention - Enter UNKNOWN
Date of Contravention - Enter UNKNOWN

Tick the box:
I did not receive the:
Notice to Owner (Parking contravention) or
Enforcement Notice (Bus lane contravention) or
Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

Complete the form PE2, and under:

My reasons for filing the Statutory Declaration outside the given time are as follows:

For example:

The warrant of control has my previous address [GIVE Previous ADDRESS] and on [DATE] an enforcement agent took an enforcement step without the authority requesting the issue of a new warrant specifying the new address of the respondent under CPR 75.7(7).

I attach evidence of my current address.

Forms PE2 and PE3 must be witnessed by a solicitor, the fee is usually about £5, take photo ID with you. This can be done free at any county court.

Email the completed forms to the TEC

Gather evidence of your current address and email the completed forms with the evidence (if any) to:

tec@justice.gov.uk

Put the PCN number in the subject line of your email and attach the completed forms.

When you have emailed the forms to the TEC, Enforcement is suspended, the law says: all goods ceases to be bound and the appeal will show on the bailiff's mobile device in real time.

It takes about 6 to 8 weeks for the TEC to decide the outcome of your appeal.

If your vehicle has already been clamped or towed.

Template. If your vehicle has been clamped or towed, always ask the bailiff company for it back until the TEC has decided your appeal.

If they refuse, you can sue the council for damages for the daily rate deprivation of the use of your vehicle if your appeal succeeds.. Also get the bailiffs body worn camera footage. That proves whether any damage to the car is pre-existing

If the bailiff refuses to release your vehicle, then it is a continuation of enforcement when paragraph 8.1 of Practice Direction 75 (above) says enforcement is suspended and the law says all goods ceases to be bound.

The Law:

Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (The 2007 Act) states:

3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

c)the power ceases to be exercisable for any other reason.

If the bailiff refused to release your vehicle and continued with enforcement when the law says enforcement is suspended and the goods ceased to be bound, You can claim damages.

First, give the council and the bailiff company an opportunity to return the vehicle..

Template email: Invite the council and the bailiff company to return your vehicle pending the outcome of the appeal.

If your request is denied, and your appeal is allowed, you can sue for the deprivation of its use.

If you pay the PCN as well as making an appeal to get a vehicle back from the pound, the appeal will be dismissed with the answer "the authority has reported that the PCN has been paid".

You will have to get your money back from the council through the small claims court.

The Law:

Paragraph 66 of Schedule 12 of the 2007 Act states:

Remedies available to the debtor

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)in any other case, in the High Court or the county court.

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

Heads-up!

The regulations make no obligation on the court or the authority to give the driver notice of the courts decision following the statutory declaration or witness statement.

The driver only learns of the outcome when the bailiffs continue with enforcement. You MUST keep in regular contact with the TEC on 0300 123 1059, press 4 to skip the robot, and keep in check the progress of your statutory declaration or witness statement.

If your appeal is allowed and you were refused the return of your vehicle pending its outcome, gather copies of the emails and text messages from the above-template and their refusal, then make a claim for breach of Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

If your appeal is refused and the warrant shows a wrong address and the bailiff has taken money or clamped a vehicle at your new address. Do not file a form N244. You cannot recover your losses or court fees. Instead, reclaim your losses because the warrant is a defective instrument under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Remember to keep all receipts, including, car rental, taxis, and for any repairs to your own car in respect of damage caused to it while impounded. These are called Special Damages.

The Law:

Regulation 7 of the Taking Control of Goods Regulations 2013 states:

Form and contents of notice

7. Notice of enforcement must be given in writing, and must contain the following information-

(a)the name and address of the debtor;

(b)the reference number or numbers;

(c)the date of notice;

(d)details of the court judgment or order or enforcement power by virtue of which the debt is enforceable against the debtor;

(e)the following information about the debt—

(i)sufficient details of the debt to enable the debtor to identify the debt correctly;

(ii)the amount of the debt including any interest due as at the date of the notice;

(iii)the amount of any enforcement costs incurred up to the date of notice; and

(iv)the possible additional costs of enforcement if the sum outstanding should remain unpaid as at the date mentioned in paragraph (h);

(f)how and between which hours and on which days payment of the sum outstanding may be made;

(g)a contact telephone number and address at which, and the days on which and the hours between which, the enforcement agent or the enforcement agent’s office may be contacted; and

(h)the date and time by which the sum outstanding must be paid to prevent goods of the debtor being taken control of and sold and the debtor incurring additional costs.

The Law:

Civil Procedure Rule 75.8 states:

Revocation of order

Where, in accordance with any enactment, an order is deemed to have been revoked following the filing of a statutory declaration or a witness statement –

(a) the court will serve a copy of the statutory declaration or witness statement on the authority;

(b) any execution issued on the order will cease to have effect; and

(c) if appropriate, the authority must inform any enforcement agent instructed to levy execution of the withdrawal of the warrant as soon as possible.

Paragraph 8.1 of Practice Direction 75 states:

8.1 Where –

(1) the respondent makes an application under paragraph 5; and

(2) before that application is determined, a local authority warrant of control is issued,

the local authority must suspend enforcement of the local authority warrant of control until the application for an extension order is determined.