Certificated Enforcement Agency

If you have received a Compliance Letter from a Certificated Enforcement Agency (use to be known as Bailiffs) then you can either:

  • contact them on the telephone number provided to make arrangements for payment. They are unable to discuss details of a Penalty Charge Notice with you
  • make an out of time witnes statement, if you meet any of the following conditions:
    • you didn't receive the Notice to Owner (parking contravention)
    • you made representation about the penalty charge to the enforcing authority concerned within 28 days of service of the Notice to Owner, but did not receive a rejection notice
    • you appealed to the Parking/Traffic Adjudicator against the local authority's decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal
    • The penalty charge has been paid in full to the Brighton & Hove City Council.

Warning: Proceedings for contempt of court may be brought against you if you make or cause to be made a false statement in an application verified by a statement of truth without an honest belief in its truth.

Make an out of time witness statement

To make an ‘Out of Time Witness Statement’ you need to contact the Traffic Enforcement Centre (TEC) at Northampton County Court:

Frequently asked questions

Q1. I have received an Order for Recovery notice – what should I do?

 The Order for Recovery Notice informs the registered keeper of the vehicle that the PCN has been registered as a debt at the County Court and the Court fee of £8 has been added to the PCNs outstanding balance.

You can either:

  • Pay the debt in full
  • Seek independent legal advice
  • File a Statutory Declaration or Witness Statement with the Traffic Enforcement Centre within 21 days.

Under no circumstances should this notice be ignored. Failure to act may result in the Council carrying out recovery of the debt by a Bailiff at your address.

Q2. What should I do if I wish to contest the penalty charge at the Order for Recovery stage?

 If you wish to contest the PCN you must file a valid statutory declaration/witness statement (on form TE9) with the Traffic Enforcement Centre (TEC), within 21 days of the date of the service on the grounds that either:-

  • You did not receive the Notice to Owner (NtO)
  • You made representation within 28 days of service of the NtO but did not receive a rejection notice
  • I appealed against the local authority’s decision to reject my representation within 28 days of service but have not had a response to my appeal
  • The PCN has been paid in full

You may contact the Traffic Enforcement Centre on 01604 619 450 or by email at: tec@hmcts.gsi.gov.uk

Q3. I am going away on holiday and will not be able to complete the statutory declaration/witness statement within the time limit

If you require more time you must contact TEC immediately to inform them and follow their advice.

Q4. What happens after I have filed a statutory declaration/witness statement with TEC?

 TEC will acknowledge your application and also notify the Council. The Council will then have the opportunity to put forward any counter evidence to your claims. TEC will then make a decision after considering any evidence and notify you and the Council of the decision.

Depending on the decision we will either: -

  • Close the case if the PCN has been paid

or

  • Cancel the Charge Certificate and Order for Recovery and either:-

 

  • Serve a new Notice to Owner on the registered keeper who was responsible at the time that the PCN was issued to the vehicle

or

  • Challenge the statement and refer the case to TPT. Depending on the TPT decision we will either:-

 

  • Cancel the PCN

           or

  • Continue to enforce the debt

Please note it is a Criminal Offence to make a false witness statement. If you do you may be held in contempt of Court and proceedings brought against you.

Q5. I have received a letter from a Certificated Enforcement Agency

Please do not ignore the letter. You will need to contact them directly, as explained within the letter. Failure to do so will result in further action and a possible increase in costs which will be added to your case. The quickest way to make contact is to telephone them and the number should be on the correspondence you received.

 

 Q6. A Certificated Enforcement Agency has visited my address with regard to a PCN debt and no one was home – what should I do?

Contact them using the contact numbers provided in the correspondence left at your address immediately. You could also seek independent legal advice which is recommended.

Q7. I have just received a Certificated Enforcement Agency letter relating to a PCN but I am sure I have paid it – what should I do?

Contact them with proof of payment.

Q8. My vehicle has been clamped by the Certificated Enforcement Agency but I know nothing about this PCN or debt – what should I do?

 Contact them immediately to discuss the matter and or seek independent legal advice otherwise the vehicle may be removed.

Q9. Can I pay the debt by instalments?

 You will need to speak to them to discuss repayment options which are offered at their discretion.

 Q10. I have received a letter from the Certificated Enforcement Agency addressed to somebody who does not live at my address – what do I do?

You should notify them without delay. A copy of your council tax bill or a current tenancy agreement in your name should also be shown to them as proof of occupancy along with any other requested documents. If you have a forwarding address or telephone number for the person whom the letter is addressed to, your assistance in providing this information will reduce the chances of other creditors approaching you.

Q12. I don’t own the vehicle that the parking ticket was issued to – what do I do?

 If the PCN was issued before the vehicle was sold, you are still liable for the debt. The warrant for the debt is enforceable against the registered keeper of the vehicle at the time the PCN was issued. If you were not the owner of the vehicle at the time the PCN was issued you will need to provide proof of sale to the Bailiff who will tell you what documentation they will need to see as proof.