Appeal a Penalty Charge Notice (PCN)

Challenging the Penalty Charge Notice (PCN) following the instruction of bailiffs suspends enforcement.

You are eligible to contest the PCN only if you or your company is specifically named on the warrant of control.

An appeal made after the deadline is termed an Out of Time (OOT) appeal.

To contest a non-moving traffic offence, a Dart Charge or crossing charge breach with an Out of Time (OOT) Statutory Declaration, commonly known as a "stat-dec," download and fill out court forms TE9 and TE7.

For appealing a moving traffic offence with an Out of Time (OOT) Witness Statement, download and complete 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

Merseyflow - 01928 878 878

Paying an online fixer

Individuals known as "fixers" frequent online forums and employ proxies to endorse or promote their services.

These fixers charge fees ranging from £45 to £220 to prepare legal documents aimed at halting traffic penalties (while covertly notifying bailiff companies). One such example is Sheila Harding "bailiff advice", who offers "bailiff advice" on platforms like Marc Gander's Consumer Action Group website, the LegalBeagles Forum, and Pepipoo Motoring forums. It's worth noting that Sheila has a history of multiple criminal convictions related to fraud. (Source).

If approached by a fixer on an internet forum proposing to contest a traffic debt in exchange for payment, it's advisable to contact the Trading Standards Scams Team on 03454 04 05 06.

If you are unaware of the Penalty Charge Notice (PCN) number, you can obtain it from the issuing authority or council by providing the vehicle registration details.

The Notice of Enforcement should prominently display the name of the council. Failure to include this information or absence of a notice renders the enforcement invalid.

If you are unsure about the name of the council or authority that issued the warrant of control, you can request this information from the bailiff company. Alternatively, ask the bailiff company to provide the PCN number or the name of the issuing authority or council.

If the bailiff company declines to disclose the PCN number stated on the warrant of control, the enforcement process is rendered ineffective due to the lack of verifiable origin or potentially being fraudulent.

According to the law, the debtor is entitled to receive a Notice of Enforcement containing adequate information to accurately identify the debt. If the PCN number is absent from the notice, the associated fees become invalid. In such cases, you have the option to apply for a Detailed Assessment which serves to suspend enforcement proceedings.

Bailiff companies often replace the PCN number with a reference number that holds significance solely within the bailiff company. This tactic is employed to complicate the process of appealing the PCN and to maintain their enforcement authority.

If a bailiff has already seized control of a vehicle, you have the option to seek an injunction. This action is warranted because the enforcement action violates Paragraph 26(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which mandates bailiffs to provide evidence of their enforcement authority - typically in the form of a warrant of control, containing the PCN number.

This evidence doesn't necessarily need to be in physical form; you can also capture a picture of it displayed on the bailiff's device to obtain the PCN number.

When you have the PCN number

Download and fill out the forms available on 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 are uncertain about which forms to fill out, contact the Traffic Enforcement Centre (TEC) by phone at 0300 123 1059 and provide the PCN number for assistance.

If you've moved to a new address, the authority must request a new warrant with your updated address.

Call the TEC at 0300 123 1059 and provide the PCN number. When prompted to confirm your address, provide the address registered to your vehicle. If they acknowledge this address, and it differs from your current address, contest the PCN as you have not received the PCN or the Notice to Owner (NTO). This situation frequently occurs in cases of a drive-by clamping incident.

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: (exmaple) The warrant of control lists my former address [PROVIDE Previous ADDRESS], and on [DATE], an enforcement agent carried out an enforcement action without the proper request for a new warrant specifying the updated address of the respondent, as required under CPR 75.7(7). This omission prevents me from either paying or contesting the original penalty charge notice. I have enclosed 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 lists my former address [PROVIDE Previous ADDRESS], and on [DATE], an enforcement agent proceeded with enforcement without the proper request for a new warrant specifying the updated address of the respondent as mandated by CPR 75.7(7). I have included evidence of my current address.

Forms PE2 and PE3 require attestation by a solicitor, typically at a cost of around £5. Remember to bring photo identification with you. This service is often available free of charge at any county court.

Email the completed forms to the TEC

Collect proof of your present address and send the filled-out forms along with any supporting evidence via email to:

tec@justice.gov.uk

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

Once you've sent the forms to the TEC via email, enforcement activities are suspended as per legal requirements. The appeal will be displayed on the bailiff's mobile device immediately.

The TEC typically takes approximately 6 to 8 weeks to reach a decision on your appeal.

If bailiffs have already immobilised or taken away your vehicle

Template. If your vehicle has been clamped or towed, always request its return from the bailiff company until the TEC has resolved 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.. If they decline, you have the option to take legal action against the council for compensation, seeking recompense for the daily loss of use of your vehicle if your appeal is successful. Additionally, obtain the body worn camera recordings as it serves as evidence to determine if any damage to the vehicle was pre-existing.

If the bailiff declines to return your vehicle, it constitutes a continuation of enforcement, despite the suspension outlined in paragraph 8.1 of Practice Direction 75. According to the law, all goods are no longer subject to binding under the enforcement power.

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 declines to release your vehicle and proceeds with enforcement, despite the suspension mandated by the law where goods are no longer bound, you have grounds to claim damages.

Initially, provide the council and the bailiff company with a chance to return the vehicle.

Template email: Request the council and the bailiff company to return your vehicle while awaiting the decision of the appeal.

If your request is rejected and your appeal is successful, you retain the right to pursue legal action for the loss of its use.

If you both pay the PCN and lodge an appeal to retrieve a vehicle from impoundment, the appeal may be dismissed with the explanation that "the authority has confirmed payment of the PCN."

You will need to seek reimbursement from the council via 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 do not require the court or the authority to provide the driver with notification of the court's decision following the submission of the statutory declaration or witness statement.

The driver is only informed of the outcome when the bailiffs proceed with enforcement. It is crucial to maintain regular communication with the TEC on 0300 123 1059, and ask for the status of your statutory declaration or witness statement.

If your appeal is successful and you were denied the return of your vehicle during the appeal process, collect copies of the emails and text messages as per the provided template, along with evidence of their refusal. Subsequently, file a claim for breach of Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

In case your appeal is rejected and the warrant indicates an incorrect address, and the bailiff has taken money or clamped a vehicle at your new address, make a CPR 84.16 application. You may recover your losses and court fees through this route. Seek reimbursement for your losses on the grounds that the warrant is considered a defective instrument under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Remember to retain all receipts, including those for car rental, taxis, and any repairs to your vehicle due to damage incurred while impounded. These expenses are referred to as 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.