Appeal a traffic debt (PCN) after paying bailiffs

You can still appeal a traffic debt after enforcement, only if you can prove your address differs from your address on the warrant, or living elsewhere or working away on the date the Notice to Owner (NTO) was sent.

Bailiffs turn up at debtor's new addresses at 6 am to ambush startled victims, forcing them into giving money.

This practice is illegal because the law says bailiffs must give notice before clamping your car.

Appealing a non-moving traffic contravention is called an Out Of Time Statutory Declaration and is made using court forms TE9 and TE7.

Appealing a moving traffic contravention is called a Witness Statement and is made on court forms PE2 and PE3 which must be notarised by a solicitor.

The Traffic Enforcement Centre (TEC) on 0300 123 1059 can tell you which forms to use. They will ask you for the Penalty Charge Notice (PCN) number.

If you have moved, then you must attach evidence of your address on the date the NTO was sent, otherwise the TEC will refuse your appeal.

On the forms, where it says:

Location of Contravention - Enter UNKNOWN
Date of Contravention - Enter UNKNOWN

Otherwise, the court will see you had previous knowledge of the contravention.

Then email the completed forms to

tec@justice.gov.uk

Emailing the forms to the TEC suspends the enforcement.

The TEC takes about 6 weeks to decide your application.

If the TEC accepts your application, it cancels the warrant and stops enforcement, but the council may pursue you for the original traffic penalty.

You can reclaim any money taken by the bailiff through the small claims track.

While the TEC decides your application, the bailiff keeps your car. If the TEC revokes the warrant and penalty, you may recover damages for losing the use of your car.

The claim falls under section 3 of the Torts (Interference with Goods) Act 1977.

If the TEC only revokes the warrant, but does not revoke the penalty, you may recover damages for deprivation of the use of the car for the bailiff's failure to give a statutory notice before clamping or towing the car.

The claim falls under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Give the bailiff company a written opportunity to return control of your car while the TEC decides your application. If the bailiff company refuses your request, it creates an opportunity for you to claim damages for the deprivation of its use if the TEC revokes the warrant OR the penalty.

Create Instant Template Letter.

If your car is returned damaged, you must give notice of that damage.

07988 226048

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Appeal a traffic debt (PCN) after paying bailiffs

You can still appeal a traffic debt after enforcement, only if you can prove your address differs from your address on the warrant, or living elsewhere or working away on the date the Notice to Owner (NTO) was sent.

Bailiffs turn up at debtor's new addresses at 6 am to ambush startled victims, forcing them into giving money.

This practice is illegal because the law says bailiffs must give notice before clamping your car.

Appealing a non-moving traffic contravention is called an Out Of Time Statutory Declaration and is made using court forms TE9 and TE7.

Appealing a moving traffic contravention is called a Witness Statement and is made on court forms PE2 and PE3 which must be notarised by a solicitor.

The Traffic Enforcement Centre (TEC) on 0300 123 1059 can tell you which forms to use. They will ask you for the Penalty Charge Notice (PCN) number.

If you have moved, then you must attach evidence of your address on the date the NTO was sent, otherwise the TEC will refuse your appeal.

On the forms, where it says:

Location of Contravention - Enter UNKNOWN

Date of Contravention - Enter UNKNOWN

Otherwise, the court will see you had previous knowledge of the contravention.

Then email the completed forms to

tec@justice.gov.uk

Emailing the forms to the TEC suspends the enforcement.

The TEC takes about 6 weeks to decide your application.

If the TEC accepts your application, it cancels the warrant and stops enforcement, but the council may pursue you for the original traffic penalty.

You can reclaim any money taken by the bailiff through the small claims track.

While the TEC decides your application, the bailiff keeps your car. If the TEC revokes the warrant and penalty, you may recover damages for losing the use of your car.

The claim falls under section 3 of the Torts (Interference with Goods) Act 1977.

If the TEC only revokes the warrant, but does not revoke the penalty, you may recover damages for deprivation of the use of the car for the bailiff's failure to give a statutory notice before clamping or towing the car.

The claim falls under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Give the bailiff company a written opportunity to return control of your car while the TEC decides your application. If the bailiff company refuses your request, it creates an opportunity for you to claim damages for the deprivation of its use if the TEC revokes the warrant OR the penalty.

Create Instant Template Letter.

If your car is returned damaged, you must give notice of that damage.