Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: shinebright on June 25, 2025, 07:29:54 pm
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Ah, was under the impression that if you had already paid the bailiffs/council that any money would be refunded and then the PCN would be reissued and the original amount of £60 would have have to be paid if liable. I guess that anything above the initial £60 figure would be refunded in that case?
If TEC revoke the OfR and direct that the CC is cancelled then if, as here, your grounds were that a PCN/NTO was not received then you receive a FULL REFUND from the council* of all sums paid. The council may issue another NTO.
Unless notified to the contrary, the council are required to use the address you used for your TEC submission.
Have a read...https://www.trafficpenaltytribunal.gov.uk/charge-certificates-and-orders-for-recovery/
*- you pay the Civil Enforcement Agents, AKA bailiffs, but as the name suggests they are merely the council's agents and any refund would come from the council.
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Ah, was under the impression that if you had already paid the bailiffs/council that any money would be refunded and then the PCN would be reissued and the original amount of £60 would have have to be paid if liable. I guess that anything above the initial £60 figure would be refunded in that case? Apologies if I have misunderstood once more.
That is a great point about checking which address Birmingham Council will send the PCN to, I will get in touch with them to clarify.
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(I am hoping one of our bailiff experts will be along soon. I am not one, so all I write here is surmising possible scenarios as to what is happening.)
So if I paid now would I be refunded if the TEC rule in my favour
I think that you have misunderstood the role of TEC (- see
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/
and replies #10, 11, 12 above)
All TEC do is order the Couyncil to cancel the OfR and Charge Certificate, which makes the original PCN out of time, hence the need for a re-issue of the PCN if they want to continue enforcement, placing you in the position you would have been had received the original PCN in a timely fashion.
Birmigham will, no doubt, have or will issue a fresh PCN, hence my concern that if they send it to the original address you could be back to square one. So please check with them what they wish to do and if they have the right address for you.
Others will be be along to correct the mistakes I may have made.
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It sounds as if your notice from TEC has gone astray in the post. I believe TEC would have notified Birmingham electronically, who would then have called off the bailiffs.
You could always ring TEC to confirm.
You could also check the status of your PCN on Birmingham's website if they have the facility or by ringing them.
You sent the TE forms in on what date?
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25th of June, and the automatic email response stated it would take 8-10 weeks to receive a decision.
Just checked the PCN on the council website and the charge of £120 for not paying within 14 days is there, so it hasn't been waived just yet. There was no option to pay before due to the enforcement proceedings. So if I paid now would I be refunded if the TEC rule in my favour and then the PCN is waived/reissued, or should I let this just play out now that the bailiffs are (hopefully) out of the picture and wait for the TEC decision/any further correspondence from the council?
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It sounds as if your notice from TEC has gone astray in the post. I believe TEC would have notified Birmingham electronically, who would then have called off the bailiffs.
You could always ring TEC to confirm.
You could also check the status of your PCN on Birmingham's website if they have the facility or by ringing them.
You sent the TE forms in on what date?
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I recently called the debt recovery company to discuss a repayment plan and I was told that my balance with them was 0! Debt was waived on the 11th of July. I've had no confirmation about my appeal to TEC being successful yet so that was a lovely surprise, assuming everything the agent on the phone said is correct. Guess I just have to keep my eyes peeled for a reissued PCN now. I'm curious what the process was here, what with it not being close to the quoted turnaround time for a decision from TEC.
Thanks for all those who take time out their day to offer advice and constructive criticism on here :)
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With respect, no. The refund would be the full amount because your grounds are that you did not receive the PCN/NTO.
The council could issue a new PCN, but they cannot hold on to your money in the meantime.
OK, my misunderstanding. Of course the OP will still have to deal with the PCN
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With respect, no. The refund would be the full amount because your grounds are that you did not receive the PCN/NTO.
The council could issue a new PCN, but they cannot hold on to your money in the meantime.
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Bailiffs have sent out a further notice prior to enforcement even though I informed them about the out of time application before their previous deadline. Letter arrived today having been sent on the 30th, giving me zero chance to reply to their new notice. Don't you just love the postal system of late? I really would rather they didn't come while my young children are at home, and money is tight enough as it right now. At this point is it advised to stall with the bailiffs until the out of time application is actioned by the TEC, or do I make a settlement to pay in instalments and hope my appeal is accepted and the money refunded?
If your submission is accepted by TEC, the original PCN remains extant, so any refund would be the surcharge for the Charge Certificate, and the £10 TEC registration fee, plus the bailiff charges. So you would still have to deal with the PCN, (pay or appeal it).
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And the back pl.
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Pay them. This has NO effect upon TEC's deliberations and if they revoke the OfR then you get a FULL refund anyway.
Where's the Notice of Enforcement (it's hiding under the covering letter in your first post)?
attached now
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Pay them. This has NO effect upon TEC's deliberations and if they revoke the OfR then you get a FULL refund anyway.
Where's the Notice of Enforcement (it's hiding under the covering letter in your first post)?
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Bailiffs have sent out a further notice prior to enforcement even though I informed them about the out of time application before their previous deadline. Letter arrived today having been sent on the 30th, giving me zero chance to reply to their new notice. Don't you just love the postal system of late? I really would rather they didn't come while my young children are at home, and money is tight enough as it right now. At this point is it advised to stall with the bailiffs until the out of time application is actioned by the TEC, or do I make a settlement to pay in instalments and hope my appeal is accepted and the money refunded?
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our TE7 draft seems OK to me, although you seem curiously coy about the V5 update. There is always a delay in DVLA processing these things, but did you send off the update promptly on moving house ?
Thanks for the reply, good to know.
I'm afraid not. The redirection notice was in place before the date of the alleged offence though, up until the date mentioned in the draft. Would a less than prompt updating of the V5C matter in this case? I should have received any correspondence regardless of that right?
With a mail redirection is place, in theory, the tardy V5 update shouldn't matter, but you were placing yourself into the hands of Royal Mail, whereas if you had updated your V5 promptly, you should have received all the enforcement documents.
Anyway, let's see if your OOT WS is accepted first.
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our TE7 draft seems OK to me, although you seem curiously coy about the V5 update. There is always a delay in DVLA processing these things, but did you send off the update promptly on moving house ?
Thanks for the reply, good to know.
I'm afraid not. The redirection notice was in place before the date of the alleged offence though, up until the date mentioned in the draft. Would a less than prompt updating of the V5C matter in this case? I should have received any correspondence regardless of that right?
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our TE7 draft seems OK to me, although you seem curiously coy about the V5 update. There is always a delay in DVLA processing these things, but did you send off the update promptly on moving house ?
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Don't forget you also need to send a TE9 as well. Sorry if you already know this.
Filled that out too, but the reminder to send it certainly doesn't hurt, I could easily see myself only sending one form or the other. Thank you
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Don't forget you also need to send a TE9 as well. Sorry if you already know this.
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Hi,
How is this for a first draft on the TE7 form? I received no previous letters about the PCN until the one attached from the bailiff, despite having a Royal Mail Redirection Notice in place for almost the entire duration of the process. Please excuse my woeful handwriting on the letter. Are the way I've formatted the dates ok?
I did not receive any of Birmingham Council's direct correspondence about a Penalty Charge Notice issued for non payment of the Clean Air Zone charge. On the date of the alleged contravention (20/12/2024) my car's V5C had not yet been updated from my previous address - address here. I had a Royal Mail Redirection notice in place (ending 07/06/2025), yet received no letters about the PCN at my current address until a Notice of Enforcement arrived on 23/06/2025 (dated 17/06/2025) from the debt collection agency Company here with a sum outstanding of £265. As the respondent, I am politely requesting that the enforcement proceedings are paused and for the original Penalty Charge Notice to be reissued.
The deadline is tomorrow and I only received the letter yesterday, so any timely advice/criticism would be a huge help. After sending the form should I speak to the Debt agency in the meantime, or call the council for a temporary pause before the Traffic Enforcement Agency deal with the case?
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