Appeal Penalty Charge Notice (PCN)
Appealing the PCN after bailiffs have been instructed suspends enforcement and gives you respite from bailiffs to enable you to identify and remedy breaches of enforcement regulations.
You can only appeal the PCN if you or your company is named on the warrant of control.
Knowing the term 'Out of Time' or 'OOT' is essential for a late appeal, but it is different from the proper legal term.
To appeal a non-moving traffic or a Dart Charge offence, you need to make an Out of Time (OOT) Statutory Declaration, also known as a 'stat-dec'. This can be done by downloading and completing court forms TE9 and TE7.
Make an Out of Time (OOT) Witness Statement to appeal a moving traffic offence by downloading and completing court forms PE3 and PE2.
Applies to:
Do not pay a fixer to complete your TE9 or PE2 forms.
Fixers frewquent internet forums, where they arrange for others to extend commendation and endorse their services.
The fixer charges £45 to £220 to prepare court documents to suspend traffic penalties (and clandestinely tip off bailiff companies). Sheila Harding "bailiff advice", sells on Marc Gander's Consumer Action Group website, the LegalBeagles Forum, she requests that administrators on the Free Traffic Legal Advice (FTLA) forums endorse her services.
Sheila has multiple criminal convictions for fraud. Source.
Should a fixer approach you with an offer to complete a form TE9 or a PE2 for a fee, promptly contact the Trading Standards Scams Team at 03454 04 05 06.
Knowing the PCN number and the issuing authority is vital. If you need to get the PCN number, the issuing authority or council can provide it by giving your vehicle registration. The council's name should be on the Notice of Enforcement.
If the bailiff did not provide you with a Notice of Enforcement, the bailiff would likely have sent the Notice of Enforcement to your previous address or the address of the vehicle's previous registered keeper.
If you need to know the name of the council or authority that issued the warrant of control, ask the bailiff company for the PCN number and the issuing authority's name. If the bailiff company refuses to give this information or its 'data protection act', they know the enforcement is invalid.
The Notice of Enforcement must include enough information for the debtor to identify the origin of the debt. If the PCN number is included in the notice, it complies with Regulation 7 of the Taking Control of Goods Regulations 2013.
Bailiff companies often replace the PCN number with a reference number only meaningful to them, making it difficult to appeal the PCN and stop enforcement.
You can apply for an injunction to recover your vehicle and claim damages if the bailiff has already taken control of your vehicle under a defective warrant or breached the prescribed enforcement provisions. Always demand to be shown a copy of the Warrant of Control and take a picture of it so you can check it has your correct information.
Once you have gathered all the necessary information and believe the PCN enforcement is invalid, you can follow this guidance to appeal the PCN. This process involves submitting a formal appeal to the Traffic Enforcement Centre (TEC), providing any supporting evidence, and waiting for their response.