Appeal Traffic Debts After Bailiffs
Appealing a traffic debt suspends enforcement and stops bailiffs, as per Paragraph 8.1 of Practice Direction 75. To initiate this, submit a late witness statement or statutory declaration, which will temporarily suspend enforcement, allowing you to identify any enforcement breaches and seek a court remedy.
Applies to:
If you do not have the Penalty Charge Notice (PCN) number, you can obtain it from the issuing authority or council by providing your vehicle registration number. The PCN number typically begins with two characters identifying the authority, followed by eight digits.
Councils or authorities contract bailiff companies to recover unpaid traffic debts. If you need clarification on which council or authority issued the Warrant of Control, you can request the PCN number or the name of the issuing authority or council from the bailiff company. They are obligated to furnish this information upon your request.
Refusal by the bailiff company to provide the PCN number on the Warrant of Control should raise concerns, as it may indicate their awareness that the warrant is defective. A defective Warrant of Control renders enforcement invalid.
According to the law, bailiffs must issue a Notice of Enforcement (NOE) that provides sufficient information for the debtor to identify the debt's origin. This notice should include the PCN number, among other details.
Failure to include the PCN number signifies a breach of the bailiff company's enforcement obligations and may suggest an attempt to hinder your ability to challenge enforcement in court.
It is crucial to note that you can only apply to suspend enforcement proceedings with the PCN number. In such cases, you have the right to contest the enforcement and seek legal remedies.
Bailiff companies sometimes substitute the PCN number with their own reference number to obscure the council's identity or prevent you from appealing the PCN and stopping enforcement. However, the bailiff's reference number holds no significance beyond internal use.
If a bailiff has already removed your vehicle and refuses to show the Warrant of Control stating the PCN number, then the enforcement is in breach of Paragraph 26(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and under under Civil Procedure Rule 84.13, you may apply to the court for an order for the bailiff to deliver up the vehicle together with a claim for damages and your legal expenses.
Alternatively, you may pursue action under section 4 of the Torts (Interference with Goods) Act 1977.
Paying a fixer from a motoring forum
Avoid paying a fixer to complete your PE or TE forms. Fixers are active in motoring forums and may use other members and administrators to endorse their services.
Despite charging substantial fees, often in the hundreds of pounds, the fixer uses standardised language in form submissions, which are easily identified by the Traffic Enforcement Centre (TEC) as originating from specific fixers.
Such submissions rarely succeed due to the TEC's recognition of these practices.
When you have the PCN number
Download and complete the forms from the HM Court Service website.
For non-moving traffic offences (parking) and Dart Charge - Use forms TE9 and TE7
For everything else, e.g. moving traffic offences/bus lanes - Use forms PE3 and PE2
If you don't know which forms to complete, telephone the Traffic Enforcement Centre (The TEC) on 0300 123 1059 (press to skip the robot) and give the PCN number.
It's important to note that if you've changed your address and failed to inform the DVLA, the warrant remains 'defective.' The council must re-apply for a new Warrant specifying your new address under Civil Procedure Rule 75.7(7).
Telephone the Traffic Enforcement Centre (TEC) on 0300 123 1059, giving the PCN number. When they ask to confirm your postcode, give your vehicle's REGISTERED postcode, not your new one.
If they accept your old postcode in the security check, the warrant is 'defective', and you can recover damages for enforcement taken under the defective warrant.
Completing forms TE9 and TE7 for non-moving traffic offences
Complete the form TE9, and tick the box -
Complete the form TE7, and under Reason(s), enter: (for example)
Completing forms PE3 and PE2 for moving traffic offences
Complete the form PE3 and tick the box:
I did not receive the:Enforcement Notice (Bus lane contravention) or
Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)
Complete the form PE2, and under:
For example:
Forms PE2 and PE3 must be witnessed by a solicitor, the fee is usually about £5, take photo ID with you.
This can be done free at any county court.
Email the completed forms to the TEC
It's crucial to collect evidence of your current address. This evidence, along with the completed forms, should be emailed to tec(at)justice.gov.uk.
Include the Penalty Charge Notice (PCN) number in the email subject line, which can be found on the original notice and attach the completed forms and evidence.
Once you have emailed the forms to the TEC, enforcement is suspended and will appear on the bailiff's device in real time.
The TEC usually takes 6 to 8 weeks to decide on your appeal.
If Your Vehicle Has Been Clamped or Towed
If your address on the warrant differs from your current address, it's important to remember that you have the right to ensure this is corrected. Do not complete the above forms; otherwise, the TEC will just re-issue a new warrant with your new address on it, the enforcement will be re-validated, and you will be back where you started.
Instead, you can ask the bailiff company, who removed your vehicle, and the council, who issued the warrant, to return your vehicle. They have taken it under a defective Warrant of Control as it has the wrong address. Under Civil Procedure Rule 75.7(7), the council must apply for a fresh warrant specifying your new address before taking control of your goods.
If the council fails to return your vehicle, you have the right to apply for an order for its return under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and Section 4 of the Torts (Interference with Goods) Act 1977, together with a claim for damages under Section 3 of the Torts (Interference with Goods) Act 1977.
Before taking legal action to recover your vehicle, it's crucial that you give the council a written opportunity to return it.
This written notice should clearly state that the address on the Warrant of Control is not your current address and should be accompanied by evidence of your current address. Under Civil Procedure Rule 84.13, when the council returns your vehicle, you can apply for damages and losses for the unlawful deprivation of its use.
If the address on the Warrant of Control is your current address and you appealed on different grounds, In that case, always ask the council and the bailiff company to return your vehicle pending the TEC decision, a process called 'mitigation' which reduces the council's exposure to your losses and damages for the deprivation of your vehicle if the TEC finds in your favour.
If the TEC allows your appeal and the bailiff refuses to return your vehicle, it's essential to gather evidence. This includes copies of emails and text messages showing your request and a copy of the bailiff company's refusal. Also, keep all receipts for expenses like car rentals, taxis, and repairs for any damage caused to your car while it was impounded.
Remember, the council is liable for damage to your vehicle while it was in the bailiff's possession, and you have the right to claim for these damages.
If the TEC refuses your appeal, it's not the end of the road.
Do not file a form N244 because you cannot recover your losses or court fees. Instead, consider a 'Pay and Reclaim' option to get your vehicle back and claim any damage caused to your vehicle that was not present before the bailiff removed it. Remember, bailiffs are liable for the care of your vehicle in their possession.
If the TEC allows your appeal
If the TEC allows your appeal and the bailiff refused to return your vehicle, it's crucial to gather copies of emails and text messages showing your request and the bailiff company's refusal. This evidence will empower you to claim damages.
If your appeal is refused, the warrant lists the wrong address, and the bailiff has taken money or clamped a vehicle at your new address, do not file a form N244. You cannot recover your losses or court fees. Instead, claim damages for enforcement under a 'defective instrument', which in this context means a warrant that contains incorrect information, showing evidence the warrant shows your wrong address.
It's essential to keep all receipts for expenses like car rental, taxis, and repairs for any damage caused to your car when it was impounded. The council is liable for damage to your vehicle while it was in the bailiffs possession.