What is a parking penalty charge?

Most councils have the power to enforce parking penalties under the Traffic Management Act 2004. These parking penalties are not treated as criminal offences. They are often known as a ‘parking penalty charge’ or a 'penalty charge notice’ (PCN). You cannot be sent to prison for not paying a parking penalty. 

Typically your council will have its own traffic wardens (called civil enforcement officers) who issue penalty charge notices, for example, for parking on double yellow lines, in a permit only zone, on zigzag lines or in parking meter zones. This page does not apply to private car parks. Read our info page on disputing Private Parking tickets here.

If you have bailiffs for a Council PCN and didn't know about it:

If you have not received any previous correspondence (Penalty Charge Notice, Charge Certificate, etc.) from the Local Authority (LA) about the parking ticket, you can fill in Forms  TE9 (Witness Statement) and Form TE7 (Out of Time Statement) to challenge and unpaid PCN  , citing that reason, and the Traffice Enforcement Centre should then cancel the Warrant and instruct the Local Authority to knock back the enforcement process back to the PCN stage, which will enable you to challenge the PCN or pay the penalty.  You should notify the Local Authority and the 'bailiff' company of what you have done, which should cause 'bailiff' action to cease.  Email the Traffic Enforcement Centre at:  tec@justice.gov.uk

If your ticket is non parking related (bus lane contravention, dartford crossing etc) you will need to fill in different forms.  PE2 Out of time declaration and PE3 to Challenge an unpaid PCN. The PE2 and PE3 will need witnessing by a Notary, a qualified solicitor or legal professional. This can be done by your local County Court who should not charge you for the service.

TE7 and TE9 Penalty Charge Notice (PCN) for parking

PE2 and PE3 Penalty Charge Notice for moving offences

Notice To Owner sent to wrong address:

If a bailiff turns up without warning ask to see the warrant. If it has the wrong address on it, you can point out that this out. Upon discovering your new address, they should have passed this debt back to your council, to send you a Notice to Owner, which legally you have to receive prior to any enforcement action.  if you do not have this document, they cannot chase the debt and must pass it back to the creditor, who must give you the N.T.O. at the correct address, which will take the bill back down to the original Penalty Charge issued.

 This is failure to comply with CPR 75(7) by not applying for a new warrant after the bailiff discovered your new address, and Paragraph 7(1) of Schedule 12 of the Tribunal Courts and Enforcement Act 2007 for failure to give notice.

You can check if a warrant has been issued to your current address by phoning the TEC on  0300123 1059 or 01604 619450 - be patient, they will answer. You will need the PCN number. You need to ask them if a warrant of execution has been issued against that PCN and if so when and to what address. Then ask them if it has ever been REISSUED - and if so when and to what address. Ask them ever so nicely to confirm this info by email. 

If they have not re-issued the warrant to the current address, they have not followed the procedures set out in the Parking Policy and Enforcement Traffic Management Act 2004  10.68, 10.69. 

Section 11.4 gives them the authority to cancel the PCN at any time.

Read these Court Notes before submitting you application!

Out of Time witness statement has been rejected.

If your Out of Time witness statement has been rejected, you will receive a letter from the Traffic Enforcement Centre to advise you of the decision. The letter will inform you of your right to have the decision reviewed by the court. An application for review must be made within 14 days of the date of service to the rejection. Such an application is made by way of an N244 Application. 

Who decides whether to accept or reject my Out of Time witness statement?

It is actually the local authority, who decide whether or not to allow you to file the witness statement late. If they refuse to grant permission, they should outline the reason in a statement addressed to the Traffic Enforcement Centre. A copy should be sent to you as well. The rejection will be passed to an Officer of the Court. They  can decide whether or not the local authorities decision was the correct one.

Can I appeal the rejection of my Out of Time witness statement?

Yes you can. To do this, you will need to submit an N244 application to the Traffic Enforcement Centre. You have 14 days from the date of service of the decision to submit your application. There is a fee to pay for this application of between £100 fir a decision without a formal hearing. 

Section 151 Officer

Extra procedurally, you could complain to the council's 'section 151 officer', see below:

The S151 Officer plays a key role in helping the organisation balance local service needs with corporate interests whilst ensuring compliance with all financial, statutory and constitutional requirements. High standards of professional practice and governance must also be observed in discharging those duties and responsibilities on behalf of the Council and local tax payers.

If the authority are knowingly demanding payment from you pursuant to an invalid warrant i.e. it does not carry the mandatory details regarding validity because it is not issued to your address.

Sample Letter to Section 151 Officer at Council

From: 

[Your Address]

[Your Postcode]

To: 

Director of Finance and Change Management (Section 151 Officer)

email:

[Council Name]

[Council Address]

[Council Postcode]

25th July 2019

Dear Sir/Madam,

I am writing in reference to PCN KH1111111111, issued by City Council to my old address of [old address]. I moved from this address in 2016 so I was surprised to receive a Notice of Enforcement from Dukes Bailiffs dated 11th June 2019. I notified the DVLA of my change of address for both my Driving Licence and V5C document, by they appear not to have updated their records on the latter.

As you are tasked with:

The S151 Officer plays a key role in helping the organisation balance local service needs with corporate interests whilst ensuring compliance with all financial, statutory and constitutional requirements. High standards of professional practice and governance must also be observed in discharging those duties and responsibilities on behalf of the Council and local tax payers.

The Statutory requirements as I understand them are:

Parking Policy and Enforcement Traffic Management Act 2004 10.68, 10.69.

10.68 However, if the name and address on the warrant is incorrect, this would suggest that the order for recovery also gave the incorrect name and address. If so, the order must be re-served before the authority can ask for permission to prepare a warrant. However, if the debtor has moved since the issue of the warrant the bailiff should return the warrant to the local authority for them to apply for a reissue.

10.69 Authorities should instruct their bailiffs to liaise with them before taking this action. If the name or address on the county court order Warrant was incorrect the name or address on the Notice to Owner and the Charge Certificate may also have been incorrect, and neither have been served on the motorist. If the NtO and/or the Charge Certificate were never served the Warrant of Execution should not be served. An NtO (or Charge Certificate) should be served to the name or the address established by the bailiff.

The Constitutional requirements relate to the Bill of Rights 1688/89 (A constitutional act) which states:

Grants of Fines, &c. before Conviction, &c.

And severall Grants and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levyed. All which are utterly directly contrary to the knowne Lawes and Statutes and Freedome of this Realme.

There is also the matter of Article 6 of the European Convention on Human Rights which states:

"(1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law." 

While I accept the Council acted on information they received from DVLA which was incorrect, when Dukes Bailiffs discovered that there were contacting me at an old address, they should have followed the Statutory process and re-issued the Notice to Owner allowing me to either pay the original PCN or dispute it. 

I have filed a PE2 application to the court which was objected to by the Council and then refused by the Court even though it is clear that my address is different to the one on the warrant. When I filed the PE2, I was unaware that the warrant had been issued to the wrong address. This appears to be a failure in communication between the Council's agent Dukes Bailiffs and the Council resulting in a failure to abide by Section 10.68 and Section 10.69 of the Parking Policy and Enforcement Traffic Management Act 2004.

As the situation stands, the Council are currently attempting to enforce a warrant issued to the wrong address and I am being threatened with Bailiff action and increasing fees despite never being afforded the opportunity to either pay the PCN or defend the claim brought against me. 

I hope you can assist in this matter as I wish to avoid this situation escalating and further fees being added to the amount being demanded by bailiffs of £172. I am quite happy to deal with the Council directly and resolve the matter without third party agents fees that appear to be breaching the Tribunal Courts and Enforcement Act:

Bailiff Companies Acting Unlawfully in Local Authority Contracts, Says Independent Review

Kind Regards,

Who is responsible for paying?

The ‘registered keeper’ of the car is the person or organisation recorded at the Driving and Vehicle Licensing Authority (DVLA) as being the keeper of the vehicle. This may be a different person to the ‘owner’ of the car. Although the owner of the car is legally responsible for the penalty charge, the council will normally assume that the owner is also the registered keeper.

This means that if you are the registered keeper, the council will assume you are responsible for the penalty. If you are not also the owner, you should not be responsible for the penalty but you will need to prove this to the council.

If you are the owner and the registered keeper, then you will normally be responsible for the penalty even if you were not driving at the time. There are some situations in which this may not be the case.

How might I receive a penalty

Information:

10 minute grace period.

From 6th April 2015, you get a 10 minute grace period before a penalty charge notice is issued if you overstay your permitted time. This applies to on or off road parking in England only.

This does not mean that you get 10 minutes free parking at the beginning of your stay, and the grace period will not apply if you:

• do not make any payment for parking when required to do so; or

• park on single or double yellow lines, in front of dropped kerbs or in permit only bays.

A penalty charge notice can be issued in the following ways.

• A penalty charge notice could be fixed to your car or handed to you by a civil enforcement officer.

• A penalty charge notice can be sent by post. This may happen in cases where the incident was caught on CCTV; or because you drove away when the civil enforcement officer was issuing the notice or you prevented them from giving you the notice in the first place.

• A penalty charge notice can be issued at the same time as your car is clamped or removed by the civil enforcement officer.

You get 28 days to pay. This either runs from the date you got the penalty, or the date of service if you got it in the post. The date of service is usually the second working day (for example, not a Saturday, Sunday or bank holiday) after the postmark. If you pay the charge within 14 days of getting it, you get a 50%discount. If the penalty charge notice was sent by post on the basis of camera evidence, the charge will be reduced by 50% if it is paid within 21 days.

If you do not pay, the council will send you a ‘notice to owner’. If you received the penalty charge notice by post, you will not get a separate ‘notice to owner’ as the penalty charge notice itself acts as the notice. The notice will tell you:

• to pay the full penalty charge within 28 days of service; or

• to dispute the charge by making formal ‘representations’ to the council within 28 days of service.

The date of service is normally on the second working day (for example, not a Saturday, Sunday or bank holiday) after the date it was posted. 

After 14 days, the council can apply to Northampton county court for a court order. Court costs can be added at this stage. The 14 days starts to run from the date of service of the charge certificate.

Clamping your car:

Civil enforcement officers have powers to clamp your car but this does not happen very often. It is most likely to happen if you have had penalty charges before, or if you are not properly registered with the Driving and Vehicle Licensing Agency (DVLA).

In some cases, for example if your vehicle is causing danger to others because of where it is parked, the council has the power to remove your vehicle rather than just clamp it.

How do I dispute the charge?

Contact the council 

When you receive the notice to owner, you can dispute the charge by making a formal appeal to the council. There are set grounds for a formal appeal. Which grounds to use will depend on whether the penalty charge notice was:

• posted to you;

• issued by a civil enforcement officer; or

• issued at the same time as your car was clamped or taken away.

What if I don’t fit into these grounds?

The grounds you can use should be listed on your notice. If not, the Traffic Penalty Tribunal can tell you what the grounds are. 

You can ask the council to use their discretion in your case and cancel the penalty. The council has the power to cancel the penalty in exceptional circumstances. You must have ’compelling reasons’ for them to do this.

There are no set reasons. The council will consider each case individually. Some examples of compelling reasons might be as follows. 

• There was an emergency.

• There were medical reasons or other compassionate grounds.

• There was a fault with the parking equipment, for example a meter.

• There was a mistake by the civil enforcement officer. 

The council will make a decision and either send you a ‘notice of rejection’ or a notice agreeing to cancel the charge.

Grounds-of-appeal-parking-Penalty-charge-notices 

Can I appeal again?

If the council has sent you a 'notice of rejection', you can appeal again to an independent adjudicator from the Traffic Penalty Tribunal. You must do this within 28 days of the notice of rejection being served. The date of service is normally on the second working day (for example, not a Saturday, Sunday or bank holiday) after the postmark.

You need to fill in a ‘notice of appeal’ form which the council should send you with the notice of rejection. 

The grounds for appeal are the same as for appeals directly to the council. However, you can use the form to add new arguments and make additional points to support your case.  The appeal is usually dealt with by post but you can ask for a telephone or face to face hearing if you want one.

The adjudicator can only cancel the penalty if one of the set grounds is met. However, they can recommend to the council that the penalty charge is cancelled if there are other compelling reasons. See the previous section What if I don’t fit into these grounds?

Reviewing the adjudicator’s decision 

Either party can ask for a review within 14 days of the adjudicator’s decision. This must be in writing. It is very rare that the adjudicator’s decision will change. The grounds for review are as follows.

• The decision was wrongly made as a result of adjudicator error.

• New evidence has come to light after the hearing or the decision which could not have reasonably been known before.

COURT ACTION

If your council does not let you appeal the charge certificate, and the penalty is not paid within 14 days of the charge certificate being served, the council can apply to the Traffic Enforcement Centre (TEC) at Northampton county court for an order to recover the penalty charge. This is called an ‘order for recovery’ and it tells you that the debt has been registered with the TEC.

This will register the charge ‘as if it is a county court judgment’ and add court costs to the amount you owe. The order is sent to you by the council with a form attached called ‘witness statement - unpaid penalty charge (parking form TE9)’  which you can use to dispute the charge. 

Objecting using the witness statement form

The order for recovery should tell you the date you must return your completed witness statement by. This is usually 21 days from the date the order was issued by the Traffic Enforcement Centre (TEC).

You can object after 21 days or ask for more time, but you must have good reasons. You will need to fill in another form called ‘application to file a statement out of time or extension of time (parking form TE7)’. Your reasons should not be those you are using to dispute the penalty itself. Your reasons should explain why you need more time, or why your application is late. You then send this form with the witness statement itself (TE9) to the TEC.

On the witness statement (TE9), you can only use the following grounds to object. You may use more than one as long as the penalty was not issued by a London council.

• Ground one: You did not receive the penalty charge or notice to owner because, for example, it went to the wrong address.

• Ground two: You made representations to the council within the correct time limit but you did not receive a notice of rejection.

• Ground three: You made an appeal to the Traffic Penalty Tribunal within the correct time limit, but have received no response.

• Ground four: You have paid the penalty charge in full. 

What happens to my objection?

If your application was on time

If you have used ground one

If you have used ground one, the charge certificate, order for recovery and the notice to owner will be cancelled. This does not mean the penalty itself is cancelled. The council may decide to issue a new notice to owner. This means you should get the chance to pay the penalty with a 50% discount, or you can dispute the penalty by making representations to the local authority.

If you have used ground two or three

The TEC should refer the case back to the Traffic Penalty Tribunal. They will then decide what action to take.

If you have used ground four

The charge certificate and order for recovery will be cancelled.

If your application is late

If you have asked the TEC to accept a witness statement after the 21 day time limit has passed, they will first decide if the application uses valid grounds. If they are valid, TEC will then send the application to the council. The council has 19 working days to decide whether to accept the late witness statement or not.

If it is accepted, and the witness statement is correct, the order for recovery is cancelled. The penalty still exists and it is up to the council to decide what action to take next.

If the council does not accept the late witness statement, it is passed to a court officer. They will make an independent decision about whether to accept the late witness statement.

What if I do nothing?

If you do not send back a completed witness statement or ask for more time, the charge will be enforced. See the later section How is the charge enforced?.

Can I appeal the Traffic Enforcement Centre (TEC) decision?

If the court officer rejects your application to file a late witness statement, you can ask for this decision to be reviewed. You have 14 days to fill in an N244 ‘application notice’ form asking to set aside the TEC’s decision. If the TEC accepts your application, it will transfer the case to your local county court hearing centre for a hearing with a District Judge. There will normally be a fee to pay to make this application.

How is the charge enforced?

Instructing bailiffs is the most common type of enforcement for parking penalty debts. Before bailiffs can be used, the court must have sent you the order for recovery. The 21 day time limit on the order for recovery must have run out. Also, the bailiffs must give you seven clear days' notice that they are due to visit you. This is often known as the 'enforcement notice'.

If bailiffs have already been instructed, but you think you have grounds for appeal, you can ask to file a late witness statement. The council will have to suspend enforcement action whilst the TEC deals with your application.

Bailiffs

• You can choose not to let the bailiffs into your home. The bailiffs should not come into your home unless they have been in before and taken control of goods properly. This is our understanding of the new rules on bailiffs from 6 April 2014. Some bailiffs may argue that under the new rules, they can go anywhere they like to take control of your goods. They may say that this allows them to come into your home even if they have not been in before and that you should not refuse them entry. 

• The bailiffs could take your car from the road or your drive. You may need to keep your car locked in a garage.

• Bailiffs should not take basic household goods such as clothing, bedding, furniture and household equipment. Goods that you need to use for your business or education are also protected (up to a total value of £1350). This can include a vehicle if it is necessary for your job or business. It is not good practice for a bailiff to take anything that belongs to, or is used solely by a child, and you should complain if they threaten to do this.

• You can try to persuade the council to accept payments by instalments instead. If the council will not accept payment by instalments, you could save up a lump sum to pay the total bill later.

• If you do not ever let the bailiffs into your home, they may eventually give up and return the warrant to the local authority. 

What fees can county court bailiffs charge you?

Bailiffs can charge you the following fees if they start the type of action described.

• £75 for being instructed by the creditor, carrying out initial checks, investigations and receiving payments.

• £235 to cover visiting and entering premises and taking control of your goods.

• £110 to cover attending to removing your goods, valuing them and arranging for them to be sold.

• The cost of storing goods which the bailiff has removed.

• The cost of hiring a locksmith, if one is needed.

If your debt is over £1,500 or if your goods are sold at auction, further fees can be charged. 

The bailiffs should give you information about how much you owe before and after they visit you. You may be able to challenge the fees through the county court.  

Further enforcement

If the bailiffs have been unable to get payment from you or take goods, they will tell the council. The council can ask the county court to enforce the penalty charge using other methods, although this does not happen very often. Two of the possible methods are listed below.

• Attachment of earnings order. This means money is taken directly from your wages.

• Charging order. This means the debt is secured on your property.

Administration orders

If you receive an order for recovery from the county court andhave at least one other debt, and your total debts are worth no more than £5,000, you may be able to apply to the county court for an administration order.

You need to have at least one county court or high court judgment. This includes a TEC order for recovery.

An administration order will stop all recovery action against you and is a way of getting all your debts dealt with by making one monthly payment.

Stop parking ticket bailiffs

Any of the following:

Appeal the Ticket.

Run an Enforcement Compliance check

Pay the council direct and notify the bailiff

Deploy Pay & Reclaim

Immunise your vehicle from ANPR vans

Appeal the ticket

Make a "statutory declaration" (or "stat dec") and a witness statement.

For all parking related offences, the forms to complete are TE9 and TE7. They can be downloaded from the HMCTS website by searching online. If the offence is a moving traffic offence, such as a bus lane or a box junction, the forms to complete are PE3 and PE2.

Appealing to the TEC

If you don't know the offence, telephone the Traffic Enforcement Centre (The TEC) on 0300 123 1056 or 01604 619 400 giving the PCN number. If you don't know the PCN number, the bailiff or the council can tell you. Call the bailiff on his mobile and record the call using an app on your mobile.

If the bailiff obfuscates you, then he is concealing it depriving you of your statutory right to appeal the PCN. 

When you have completed the forms, email them to the Traffic Enforcement Centre at tec@hmcts.gsi.gov.uk

Enforcement action is suspended in real time under Paragraph 8.1 of Practice Direction 75.8. This will show on the bailiffs tablet in real time.

The law says the warrant of execution ceases to have effect and the authority must inform any bailiff instructed to levy execution of the withdrawal of the warrant as soon as possible.

NOTE:

This does not apply to Fixed Penalty Notices (FPN's) and Notice of Intended Prosecution (NIP's) 

If this is a parking ticket on private land, or a private car park, for example, NCP or ACPOA, dispute using the Private Parking Template Letter.

Your grounds:

• You did not receive a notice to owner (NTO)

• Your ticket is not valid

• You sold the vehicle and/or recently moved and received a bailiff unexpectedly

• The alleged contravention did not occur

• If you are outside the time limit to appeal, you can make an Out of Time Statutory Declaration saying why you are late.

• If you can't think of any grounds to appeal, then get your PCN and other documents looked at by an expert by posting them the PePiPoo Fightback forums.

Your first appeal is usually rejected. This is commonplace, and you escalate your appeal to a tribunal. In London it is London Tribunals and elsewhere it is the Traffic Penalty Tribunal

WARNING:

If the appeal is unsuccessful, neither The TEC nor the authority (or council) will tell you. The bailiff returning will be the first you learn of the outcome. Pay the PCN direct to the authority and that ends the enforcement power.

Enforcement is not compliant

Enforcement may not comply with the Schedule 12 enforcement procedures.  

Pay the council or authority direct

If you pay the sum on the writ to the creditor, then the enforcement power ceases to have effect. The bailiff cannot take control of goods to recover fees.

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

• 6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

  • (2)The property in any goods ceases to be bound—

    • (a)when the goods are sold;

    • (b)in the case of money used to pay any of the amount outstanding, when it is used.

  • (3)The property in all goods ceases to be bound when any of these happens—

    • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

    • (b)the instrument under which the power is exercisable ceases to have effect;

    • (c)the power ceases to be exercisable for any other reason.

Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

• (1)This paragraph applies where the debtor pays the amount outstanding in full—

  • (a)after the enforcement agent has taken control of goods, and

  • (b)before they are sold or abandoned.

• (2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

• (3)No further step may be taken under the enforcement power concerned.

When you pay the creditor before the enforcement agent started any enforcement stage you must notify the bailiff under paragraph 59(2) of Schedule 12 of the Act. It revokes any further fees there forward.

59(1)This paragraph applies if a further step is taken despite paragraph 58(3).

(2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3)Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

To avoid doubt.

"Amount Outstanding" in Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, says;

• (3)The amount outstanding is the sum of these—

  • (a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

  • (b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

Provided the bailiff has not taken control of any goods, there are no amounts recoverable out of proceeds. That leaves just (a) above, the debt which remains unpaid. These regulations do not add "fees" to the above-mentioned sum.

To take control of goods, the bailiff must perform one of the four steps prescribed in Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

13(1)To take control of goods an enforcement agent must do one of the following—

• (a)secure the goods on the premises on which he finds them;

• (b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

• (c)remove them and secure them elsewhere;

• (d)enter into a controlled goods agreement with the debtor.

Paragraph 31 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

Procedure.

Make a cheque payable to the name of the creditor for the amount outstanding, excluding bailiffs fees

Take a photo of the cheque

Enclose a note giving references and what this payment is for

Post it to the creditor by REGISTERED POST, (and if they refuse to sign for it, it proves it reached its destination and the payment was 'tendered')

Send the bailiff company a message by post and by email (template below) and to the bailiff by text message, saying the amount outstanding is paid direct to the creditor. Keep a copy of the message.

Make a file note of everything.

NEVER pay the bailiff otherwise your money goes straight in his pocket under a pretence he "seized" the money as "goods" under paragraph 50(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 or making a back-dated attendance AFTER the debt is paid and cheating you the enforcement stage fee of £235. That is Advance Fee Fraud.

If the bailiff takes an enforcement step after paying the amount outstanding, you can  sue for breach of paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 under paragraph 66 of that Schedule. Legal fees cost you nothing because the bailiff company is liable on an indemnity basis. He breached a provision in the Schedule 12 enforcement procedure, and they have Professional Indemnity Insurance for this.

Pay & Reclaim.

Pay and Reclaim involves paying the debt to clear it and get the bailiffs off your back, then reclaiming the money from the council through the courts.

 Immunise your vehicle

If PCN's do not get paid, bailiff companies keep a database and go round in ANPR vans, looking the vehicle, then perform a drive-by clamping and tow it away.

Apart from selling it away from London and South East where ANPR is predominant, you can buy a cherish number plate and re-register the vehicle with the DVLA.

Park it on a neighbours driveway or other private land such as a private car park. Bailiff may only take control of goods where you usually live or trade, or on a highway. 

REMOVAL OF IMPLIED RIGHTS OF ACCESS - PARKING BAILIFF

NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT

FROM:

[Your name]

[Your address]

[Your postcode]

TO:

All agents acting for and behalf of:

Colin Naylor, Managing Director

Dukes Bailiffs Limited

Dukes court

7 Newcastle Street

Stone 

Staffordshire

ST15 8JT

Date:  --/--/19

Dear Colin Naylor,

WARNING: YOUR IMPLIED RIGHT OF ACCESS TO THIS PROPERTY HAS BEEN REMOVED

I am writing to inform you that I have removed your Implied Right of Access to the above property. If I find that you, or any other representative of the companies named above, have entered onto this property without our prior written permission, you will have committed a criminal offence of Aggravated Trespass and we can take your statement under caution in accordance with Sections 68 and 69 of theCriminal Justice and Public Order Act 1994.

I am taking this step because:

• You company has sent a Notice of Enforcement to myself in a letter dated --/--/19. This Notice is herby revoked. The procedures for issuing this notice have not been complied with. The Council has failed to send any Notice To Owner or Charge Certificate in relation to a PCN issued on --/--/19 in relation to vehicle Registration number ---- ---. You letter dated --/--/19 is the first communication received in relation to this PCN. This matter is being raised with the Council directly and YOU ARE ORDERED to cease any enforcement action. This vehicle was sold pior to the issue of the PCN. Any and all liability for such PCN is disputed.

• Your company is acting unlawfully in attempting to "levy distress" for your client. The Tribunal Courts and Enforcement Act 2007 makes not mention of private companies acting as enforcement agent, leaving your company unrecognised as an entity in enforcement law and unregulated.

• Under Section 2 of the Protection from Harassment Act 1997, it is a criminal offence of harassment to make demands for money in such a manner that it causes alarm, distress or intimidation. This is the case no matter what method you use to make contact – whether by telephone, email, letter or in person. Punishment on conviction is six months imprisonment and/or a level 5 fine of up to £5,000, plus legal costs.

The removal of your Implied Right of Access is the first step in our action to seek prosecution. Please be aware that should you or any other representative of your company set foot on the above property at any time, your statement can be used as evidence, along with any video and audio evidence obtained. Video recording is in operation.

Aggravated Trespass is a summary offence that is heard in the magistrate’s courts and carries a maximum sentence of six months imprisonment. A charge of conspiracy to commit aggravated trespass also carries a maximum six-month sentence, but it is an indictable offence, which means the case will be heard in front of a jury in the crown courts. We take this offence extremely seriously and have successfully prosecuted others for this same offence in the past.

I strongly advise that you act now to stop representatives of your company from entering onto the above property, as failure to do so may result in a criminal prosecution against your company and the individuals involved. You can avoid this easily by returning this matter back to the lawful Billing Authority, and kindly informing your staff that they will be subject to criminal prosecution if they intrude onto the above property.

Please note that my fees for dealing with issues of this type are £50 per letter, £250 per phone call and standard consultancy fee of £500 per hour, or part thereof, for all other methods of communication.

Yours faithfully,

[Your name]

NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT

A4V method of dealing with Council Car Parking tickets

Daniel Bostock on beating  Council Car Park tickets with Bill of Rights and A4V:-

TEMPLATE PARKING CHALLENGE

Staffordshire County Council and *** Of the family ***** 

Parking Services 18 Somwherein UK ` Here. 

There PCN:

Ref 

Dated 23/04/2016 

Greetings, I am writing to contest Officer ID **** Issue of a notice, and also to challenge the notice itself, for reasons given below. It is my understanding that equality before the law is paramount and mandatory.. It is also my understanding that the council – being a service created by man cannot own property it holds property in trust for the public. 

I do not see the need to ask for permission to park my vehicle on my own property. In this case I made a genuine mistake, and I will not be punished for making a genuine mistake. I did not notice the double yellow lines on the road. I parked in a small space in a, line of eight other cars, I was honourable and bought a two hour ticket. 

As I was in a rush to pick up my family and carry out several; other important domestic duties, I failed to closely inspect all areas of the highway to see if there was any do not park signs. I am in a car park and have parked in a line of cars, why would I feel the need to check? 

If you intend to enforce a no parking policy in a public car park, it is required that you adequately warn others about the restrictions, and signage is required. It was my first visit to Burton Town and I am not knowledgeable of the public car park. I am now and rest assured this will not occur again. 

If my vehicle was causing a hazard or obstruction then the other vehicles were also? They all displayed disability badges, so that exemplifiers them from the double yellow road traffic act rule? Furthermore I reserve my right not to perform under any contract or commercial agreement that i did not enter into knowingly voluntarily and intentionally and i do not accept the limited liability of the compelled benefit of any contract or commercial agreement, not revealed to myself which are my rights pursuant of common law. 

Furthermore I claim that all property held by me under common law being any and or all intellectual property real estate trade tools private automobiles and contents at the private [postal residence know as......*** of the Family******* Residing at, Postal location of: Your Adress here,England , are held under claim of right. 

It is also my understanding that in the UK we have a the right to a fair trial and due process and all fines and forfeits to persons before conviction are illegal and void The bill of rights act 1689 that all grants and promises and of fines and forfeits of particular persons before conviction are illegal and void, in the section before conviction means that no fines or forfeit can be imposed until and unless the individual is convicted in a court of law, the bill of rights act cannot be repealed it is a constitutional act that protects our constitutional rights. 

Article 6 of the European convention on human rights protects the right to a fair trial in civil cases it protects the right to a public hearing before an independent and impartial tribunal within reasonable time. It is also my understanding that the council is a service created by man and requires contracts to claim authority over man. 

As a gesture of goodwill I conditionally accept to pay the money allegedly owed upon proof of claim of the following. That I caused the council some sort of loss. That there is a contractual obligation I have infringed. That the charge was part of a lawful investigation, unmarried by prejudice? 

Failure to accept this offer after clarified to do so completely and in good faith within 10 days will be deemed by all parties to mean you and your principle and other parties abandon all demands upon me Responses must be sent by non domestic post to the address exactly herein provided below no later than ten days from the date of the original service as attested to by a way of first class recorded delivery date.

I now give you notice that I require you to cease processing any information about myself under Article 17 and Article 21 of the Data Protection Act 2018.

Sincerely without ill will *** of the family ******** Namaste Family....

Car taken away

Where was your vehicle parked?

a: On the public highway outside your dwelling

b: On the public highway, but parked away from the dwelling

c: On a private driveway

If the answer is b , did you, after confronting the bailiff surrender the vehicle keys to him/her?

If the answer is no, and the bailiff continued to remove the vehicle after uplifting/removing from a public highway, you could file complaint against the bailiff (c.15 Statute of Marlborough 1267).

If the answer is a, the bailiff could claim exemption (Hodges v. Lawrence (1854)18 PJ 347 and Gillingham v. Gwyer (1867) 16 LT 640)

a: Uplifting a vehicle from a public highway : Bailiff can claim exemption (Hodges v. Lawrence (1854)18 PJ 347 and Gillingham v. Gwyer (1867) 16 LT 640)

b: Statute of Marlborough 1267 : A breach of statute law will take place if the Bailiff/Enforcement Officer performs a 'keyless' uplift/removal (Only applies if the debt is NOT a tax debt) (For Tax debts the Statute of Marlborough 1267 will not apply) AND providing that a exisiting Walking Possesion Agreement is not in force

c: Provided that the Bailiff/Enforcement officer makes no damage entering the private driveway AND providing that no notice withdrawing the implied right of entry has been served, the Bailiff/Enforcement Officer can remove the vehicle

Appeal results: