Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: lichens.first on November 08, 2023, 07:51:24 pm
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Please confirm that you had the Out of Time application and the Statutory Declaration witnessed?
Did you email them to the TEC? When?
The TEC should inform the Council of your application the same day if your forms were received before 4pm on a working day. Otherwise the next working day.
The Council has to immediately cease any enforcement action, that means call off the bailiffs until the TEC process your application.
That’s great news, thanks. Yes I submitted them both by email today. Had them witnessed by a neighbour who’s a solicitor. So I guess they’ll inform the council tomorrow
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Please confirm that you had the Out of Time application and the Statutory Declaration witnessed?
Did you email them to the TEC? When?
The TEC should inform the Council of your application the same day if your forms were received before 4pm on a working day. Otherwise the next working day.
The Council has to immediately cease any enforcement action, that means call off the bailiffs until the TEC process your application.
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Thank you all so much for the advice. I've filed both forms now.
The email autoreply says out of time applications can take 8-10 weeks to be resolved. How do I handle the enforcement agent in the meantime? On the back of the Enforcement Notice, it mentions large fees if the Enforcement agent ends up visiting me... Don't want to be stuck with that as well. Is there a way to get them off my back till the application is looked into?
Thanks again
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Any advice on what to write on the Out-Of-Time declaration? Is it worth doing, or do you think I have no chance?
I think in your case, submitting an out-of-time Statutory Declaration could well succeed. Most cases we see where documents have gone astray is because the owner of the vehicle had moved address and not updated his V5, nor arranged mail redirection. However, you say you've been at your address for years, with a correct V5 address, the receipt of the Charge Certificate proves this.
So you should submit your OOT SD. YOu can download the forms from TEC
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
You need PE2 and PE3
When filling in the form, remember that the "applicant" is the council, you are the "respondent".
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So the key question to you is - did you receive the Order for Recovery ? You haven't mention it at all, yet you did get the Charge Certificate. Is the name and address on the CC correct ?
Yes, the name and address are correct on the Charge Certificate, and haven't changed in years. I do live in large apartment building though, and it has happened that we've received other people's mail occassionally and vice versa.
So the key question to you is - did you receive the Order for Recovery ? You haven't mention it at all, yet you did get the Charge Certificate. Is the name and address on the CC correct ?
No, I didn't. I only received the two letters attached.
Any advice on what to write on the Out-Of-Time declaration? Is it worth doing, or do you think I have no chance?
Thanks for the help!
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No it is in a bailiffs hands then all you can do is file an application to file a SD out of time and a SD if this is accepted then the bailiffs will be called off, in any event they will be paused until it is decided.
The council can object to the out of time in which case it is usually rejected so we need to understand why you received a CC but no prior notice
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Oh dear, you do seem to be in a right mess ! It is OK to ignore a Charge Certificate if you are au fait with the enforcement process, but it's clear you weren't. What a pity you didn't come on here earlier !
In the statutory enforcement process, after sending out the CC, and getting no response to it, (payment), the council can then register the debt at the Traffic Enforcement Centre, (a form of county court, but which covers the whole of England and Wales). Once registered, the council must send you an Order for Recovery. This again invites payment, but the TEC registration fee of £9 is added to the CC amount. At this point, you can either pay up or submit a Witness Statement, or a Statutory Declaration, which one depends on what the PCN was issued for. Time is again allowed for payment or for submission of a declaration. If there is no response to the OfR, the council instruct bailiffs to collect the debt and they then add on their own statutory fees.
So the key question to you is - did you receive the Order for Recovery ? You haven't mention it at all, yet you did get the Charge Certificate. Is the name and address on the CC correct ?
FYI, the only avenue open to you now, is to submit an Out-of-Time Statutory Declaration that you didn't receive the PCN. You would need to state a reason for non-receipt and it seems that you cannot explain this because your V5 for the vehicle has the correct name and address on it. (is this true ? if it isn't you need to tell us a whole lot more)
You can download the relevant forms here: -
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
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From my understanding that doesn't proof they have warrant, it only shows things has transfered to private enforcement agent. Have you ever receive a claim form from CNBC?
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Hi, Hoping to get some advice on how to handle this please.
On 18/6 it seems I had a Penalty Charge Notice for a traffic contravention. I never received any letter about it so of course didn’t pay it.
I only received a Charge Certificate that I was late , requesting the full amount ( so I lost the chance to pay only half) plus another 50%.
I decided to let this go to court as I was planning to respond to the court letter that I had never received the original PCN.
But now the court didn’t contact me at all and immediately issued a warrant. I received a Notice of Enforcement now from a recovery agency for a much larger amount.
Is there anything I can do to appeal this ruling or is my only option to pay?
I don't dispute the actual offence, but I don't see why I should pay the inflated amount when I never got the chance to pay the discounted penalty.
The Charge Certificate is dated 14/08. I was out of the country from 10/8 till 27/8 and can prove that. That also contributed to the mess.
Thanks
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