Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Eoliver123 on June 30, 2025, 09:50:47 am
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For anyone else reading this thread, if payment is made to an enforcement agent (in order to avoid goods being removed) and, an Out of Time application is then submitted, please be assured that if the application is accepted, the enforcement company should refund to you all monies paid. The Local Government Ombudsman has ruled on this matter a number of times.
Exactly. Well said.
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Thank you so much. I haven't directly received any letters from the bailiff as they've been sent to our old address so I wasn't aware of this until the new resident hand delivered one letter to us on 13th May.
Thank you for sending me copies of the Out of Time Application forms. Unfortunately, like many other people in the same position, your forms were sent in a rush and could well have been improved. However, as discussed, once the forms have been sent, it is too late to make amendments to them and it is now just a matter of waiting for the applications to be considered and a decision made.
As you have already spoken with the enforcement company, it is very important that you also make them aware that you have a newborn daughter and that you are on maternity leave. You are therefore considered 'vulnerable' and a visit should not take place.
I would also suggest that you ask the company to reissue fresh Notice of Enforcements to you at your currant address. This is most important as you would then be entitled to enter into a payment arrangement without the visit fee of £235 being charged.
For anyone else reading this thread, if payment is made to an enforcement agent (in order to avoid goods being removed) and, an Out of Time application is then submitted, please be assured that if the application is accepted, the enforcement company should refund to you all monies paid. The Local Government Ombudsman has ruled on this matter a number of times.
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Thank you so much. I haven't directly received any letters from the bailiff as they've been sent to our old address so I wasn't aware of this until the new resident hand delivered one letter to us on 13th May - that letter was blank next to 'date'. I've asked the new residents about any other letters and they've just shared three which are all dated 16th June 2025 and add up to £1075.
None of the three demands, £280 + £280 + £515, are Notices of Enforcement. They are non-statutory reminder notices. The one for £515 comprises the £280 plus the one-off £235.
The notice with no date for £1075 is an advisory, it's the total of the other three reminders.
My guess is that all the paperwork for the three PCNs was sent to your old address. The bailiff's Notices of Enforcement were sent to the old address. The bailiff attended your old address to try and collect. Of course, you weren't there. But they still levied the £235 charge.
To continue to try and collect, the Council will have to apply to the TEC to have the warrant re-sealed with your current address. And then the bailiff will have to send three new Notices of Enforcement each giving you seven clear days to pay. The Council will have your correct and current address because it will be on the SDs, WS and OOTs you previously submitted. It might have happened already.
@Bailiff Advice Have you had any advice from Bailiff Advice Online (https://bailiffadviceonline.co.uk/) as yet?
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Enceladus's meticulous breakdown suggests that the £235 has already been added.
OP, you can read the Bailiff Fees Regs here: https://bailiffadviceonline.co.uk/bailiff-fees/penalty-charge-notice-pcn
If you don't pay and your goods are seized, removed and sold at auction then additional fees are added and you would be lucky to get 50p in the pound.
Pay IMO. And contact BAO.
The more you procrastinate, the greater the risk you run of further escalation. Payment has NO effect on any submissions to TEC.
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Thank you so much. I haven't directly received any letters from the bailiff as they've been sent to our old address so I wasn't aware of this until the new resident hand delivered one letter to us on 13th May - that letter was blank next to 'date'. I've asked the new residents about any other letters and they've just shared three which are all dated 16th June 2025 and add up to £1075.
[attachment deleted by admin]
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And asking again, what are the dates of the Notices of Enforcement you've received from the 'bailiff' and what are the latest dates for paying before £235 is added to EACH one?
IMO, pay them now. This would NOT affect your submissions to TEC but would avoid the additional £705, at least for now.
The enforcement agent (bailiff) can only add one charge of £235 even if the enforcement agent is enforcing more than one PCN, which at first sight seems to be the case here.
The £235 charge can only be levied once. And appears to be already levied in the £1075 currently demanded.
There are three PCNs with the bailiff, one for parking and two moving traffic.
There should be one set of TE7 & TE9 forms for the parking PCN and two sets of PE2 & PE3 forms for the moving traffic. Is that what you sent to the TEC?
£130 = PCN
£65 = Charge Cert surcharge
£10 = Court registration
£75 = Bailiff Notice of Enforcement
£280 = sub-Total
£840 = 3 x PCNs @ £280 enforcement stage
+
£235 = bailiff enforcement visit fee
£1075 = Total (£840 + £235)
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And asking again, what are the dates of the Notices of Enforcement you've received from the 'bailiff' and what are the latest dates for paying before £235 is added to EACH one?
IMO, pay them now. This would NOT affect your submissions to TEC but would avoid the additional £705, at least for now.
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Looking at the complete mess that you are in, based on you not updating your V5 Registraction Certificate for the car, I strongly recommend you contact bailiff advice
www.bailiffadviceonline.co.uk.
Whether your circumstances described in your post make you a 'vulnerable person' I don't know but the above website will be able to see what you might do to get the matter reverted to the PCNs stage.
Thank you so much I will contact them
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We still don't know how you sent the TEforms? Post or e-mail?
For the other two PCNs you will need PEforms and they need swearing/witnessing.
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Looking at the complete mess that you are in, based on you not updating your V5 Registraction Certificate for the car, I strongly recommend you contact bailiff advice
www.bailiffadviceonline.co.uk.
Whether your circumstances described in your post make you a 'vulnerable person' I don't know but the above website will be able to see what you might do to get the matter reverted to the PCNs stage.
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Thank you so much for your help. Apologies, info added. The bailiff is asking for £1075. I don't have that but if it's going to increase then i can try to borrow that somehow. Do you think it's most likely to increase and that's the best route? I can't believe I've managed to get into this mess
..and we don't actually know to whom the forms were submitted....
PS. Your reference to TE and PE forms must mean either that you don't know the procedures (in which case you might have submitted forms to the council) or that more than a single PCN is involved.
We'll know when the documents are posted.
IMO, if you have one or more Notice of Enforcement and you are atill within the 7 days then PAY, otherwise you risk incurring one or more additional fees @£235 a time.
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I just got a message from TEC saying that I needed to resubmit the TE7 and TE9 forms for the 1st PCN together (I sent them separately) so I've done that
Just flagging ths up for members who missed it?
Last week I spoke with the council and submitted te7/te9 and pe2/pe3 forms
That doesn't mean that the Council have (yet) been officially informed that an SD, WS and Out of time applications have been sent to the TEC. Or even if they're correctly completed or whether they stand any chance of acceptance.
The TEC informing the Council that the applications have been submitted is a vital step in getting the bailiff action suspended and then hopefully cancelled.
There's a lot we don't know here. I still suggest that the OP contact Bailiff Advice Online (https://bailiffadviceonline.co.uk/).
t
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Thank you so, so much. They don't have our address so everything was sent to our old address and we didn't get it - except 1 letter which the residents of that old address hand delivered to us while I was in labour. Despite being in labour I emailed the council immediately. They emailed back asking what the PCN was, but despite me emailing them several times they haven't replied. Useful info added to the previous person's response
Have you received any documents titled "Notice of Enforcement"?
Before the bailiff can enforce their warrant they need to serve a Notice of Enforcement for each PCN on you at the address where you live. Not some previous address. The Notices must give you seven clear days to pay. The day of issue, Sundays and bank holiday's are not clear days.
The normal first visit tactic is to clamp your car and demand immediate payment to release it. An additional £235 fee is levied when they visit. Regardless of whether they found your car or not.
If you have a car parked on a public road, then I suggest you move it somewhere else. Into a garage, if you have one or on somebody else's property, friend or relative. Don't just park round the corner or the next street.
Don't let the bailiff enter your property. And they have no power to force entry. But they will try and bully you into letting them in.
For advice on handling bailiffs you could try Bailiff Advice Online (https://bailiffadviceonline.co.uk/). You sound like you may fall into the vulnerable category in which case the bailiff has to take this into account. BAO can advise.
You should also advise the bailiff that a Statutory Declaration and or a Witness Statement has been filed with the Traffic Enforcement Centre at Northampton County Court and that any enforcement should be suspended pending the Court's decision. Also inform the Council, that might be difficult and frustrating, and ask then to call off the bailiff pending the outcome of the SD and/or WS.
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Apologies I'm such a tech granny it's taken me a while to work out how to reply! Info below, and I've just discovered there are 2 more PCN's that the bailiff's have also sent letters to my old address for. I can't understand how I didn't pay the first one that was on our windscreen, I must have tried but I don't remember what happened. It was while our local authority run nursery was striking up to 3 days/week and as I was working full time it was an incredibly stressful time trying to juggle it with childcare, miscarriages etc.
- All Lambeth council.
I'm sure i would have
1st PCN:
Contravention: - Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge (shared use bay)
LocationWindmill Drive
First seen atThu, 23 May 2024 15:55
Issued atThu, 23 May 2024 16:26
Served byAffixed to Vehicle
2nd PCN:
- Contravention 52m: - Failing to comply with a prohibition on certain types of vehicle (motor vehicles)
Location: Amesbury Avenue
First seen at: Thu, 27 Jun 2024 19:47
Sorry, but your post can't be answered until we see some useful information, so please read this and update your thread: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
3rd:
Contravention52m - Failing to comply with a prohibition on certain types of vehicle (motor vehicles)
LocationAmesbury Avenue
First seen atThu, 27 Jun 2024 22:36
Issued atThu, 27 Jun 2024 22:36
Served byPost
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..and we don't actually know to whom the forms were submitted....
PS. Your reference to TE and PE forms must mean either that you don't know the procedures (in which case you might have submitted forms to the council) or that more than a single PCN is involved.
We'll know when the documents are posted.
IMO, if you have one or more Notice of Enforcement and you are atill within the 7 days then PAY, otherwise you risk incurring one or more additional fees @£235 a time.
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Just flagging ths up for members who missed it?
Last week I spoke with the council and submitted te7/te9 and pe2/pe3 forms
That doesn't mean that the Council have (yet) been officially informed that an SD, WS and Out of time applications have been sent to the TEC. Or even if they're correctly completed or whether they stand any chance of acceptance.
The TEC informing the Council that the applications have been submitted is a vital step in getting the bailiff action suspended and then hopefully cancelled.
There's a lot we don't know here. I still suggest that the OP contact Bailiff Advice Online (https://bailiffadviceonline.co.uk/).
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Just flagging ths up for members who missed it?
Last week I spoke with the council and submitted te7/te9 and pe2/pe3 forms
Yes, saw it, but until we know which council and what the PCN was for, we're in the dark. More info needed.
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Just flagging ths up for members who missed it?
Last week I spoke with the council and submitted te7/te9 and pe2/pe3 forms
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Have you received any documents titled "Notice of Enforcement"?
Before the bailiff can enforce their warrant they need to serve a Notice of Enforcement for each PCN on you at the address where you live. Not some previous address. The Notices must give you seven clear days to pay. The day of issue, Sundays and bank holiday's are not clear days.
The normal first visit tactic is to clamp your car and demand immediate payment to release it. An additional £235 fee is levied when they visit. Regardless of whether they found your car or not.
If you have a car parked on a public road, then I suggest you move it somewhere else. Into a garage, if you have one or on somebody else's property, friend or relative. Don't just park round the corner or the next street.
Don't let the bailiff enter your property. And they have no power to force entry. But they will try and bully you into letting them in.
For advice on handling bailiffs you could try Bailiff Advice Online (https://bailiffadviceonline.co.uk/). You sound like you may fall into the vulnerable category in which case the bailiff has to take this into account. BAO can advise.
You should also advise the bailiff that a Statutory Declaration and or a Witness Statement has been filed with the Traffic Enforcement Centre at Northampton County Court and that any enforcement should be suspended pending the Court's decision. Also inform the Council, that might be difficult and frustrating, and ask then to call off the bailiff pending the outcome of the SD and/or WS.
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Sorry, but your post can't be answered until we see some useful information, so please read this and update your thread: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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I don’t know what to do! I didn’t get a PCN as we moved. We’ve got a new baby and bailiffs texted over the last couple of weeks and now they say they’re coming today. Last week I spoke with the council and submitted te7/te9 and pe2/pe3 forms but bailiff texted today saying they’re coming today. Is there anything I can do other than try pay 1k fine?! It’s my first car and when we moved I only did 2/5 of the dvla update steps. It was during an exceptionally stressful time when my mum died, I had multiple missed miscarriages, was made redundant and lots of other things. I just wasn’t functioning very well. I explained all this in the forms last week and as soon as I realised this issue I updated my address with the dvla months ago. Is there anything I can do? Any help very much appreciated as I don’t have the money to pay this fine