Frequently Asked Questions
Penalty Charge Notice (PCN) Debt Recovery and the Use of
Bailiffs
Q1. Why has it taken so long for the Council to enforce this debt? A1. The law allows the Council a period of 6 years in which to collect a debt
linked to a PCN. However, St Albans City & District Council have a policy to only enforce debts up to 3 years old – half the legal limit.
Q2. I have received an Order for Recovery notice – what should I do? A2. 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 £7 has been added to the PCNs outstanding balance.
You can either:- Pay the debt in full;
Seek independent legal advice or
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.
Q3 What should I do if I wish to contest the penalty charge at the Order for Recovery (OfR) stage?
A3. 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 of the OfR on the grounds that either:-
you did not receive the Notice to Owner (NtO), or
you made representation within 28 days of service of the NtO but did not receive a rejection notice, or
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, or
the PCN has been paid in full
You may contact the Traffic Enforcement Centre on 01604 619 450 or by email as follows:-
Q4. I am going away on holiday and will not be able to complete the statutory declaration/witness statement within the time limit. A4. If you require more time you must contact TEC immediately to inform
them and follow their advice.
Q5. What happens after I have filed a statutory declaration/witness statement with TEC?
A5. 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 outcome;
We will consider and investigate and 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 PATAS;
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 Bailiff with regard to my PCN, what should I do?
A5. Please do not ignore the letter. You will need to contact the Bailiff 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 the Bailiff and the number should be on the correspondence you received.
Q6. A Bailiff has visited my address with regard to a PCN debt and no one was home – what should I do?
A6. Contact the Bailiff using the contact numbers provided in the correspondence left at your address immediately. You could also seek
Q7. I have just received a Bailiff letter relating to a PCN but I am sure I have paid it – what should I do?
A7. Contact the bailiff with proof of payment.
Q8. My vehicle has been clamped by the Bailiff but I know nothing about this PCN or debt – what should I do?.
A8. Contact the bailiff company immediately to discuss the matter and or seek independent legal advice otherwise the vehicle may be removed. If you wish to make an application to file a statement out of time/extension of time with the Traffic Enforcement Centre (TEC) you must do so on form TE7. TEC can be contacted on 01604 619 450 or by e-mail at:-
Where an Out of Time statutory declaration or witness statement has been filed, the Council will instruct the Bailiffs to hold enforcement until a decision is made by TEC. If your vehicle has already been clamped or removed, the vehicle will not be released until a decision is made by TEC or payment is made. However no further charges will be added to your case from the time the Council receives notification from TEC.
Q9. Can the Council give me advice?
A9. No, the Council will not be able to provide you with legal advice but we strongly recommend that you seek independent legal advice. However, we are able to provide an overview of your case but this will not stop the debt recovery process and you must deal directly with the Bailiff once your case is in their hands. A Warrant from a Court has been issued to them and it is they who are responsible for the enforcement of the Warrant.
Q10. I filed a late Statutory Declaration and TEC rejected it. What happens now?
A10. You can apply to have this decision reconsidered by contacting TEC on 01604 619 450 or by e-mail at:
If you do not do so, debt recovery will automatically recommence without further notice.
Q10. Can I pay the debt by instalments?
A10. You will need to speak to the Bailiff to discuss repayment options which are offered at their discretion. However, our Bailiffs will consider all reasonable offers.
Q11. I have received a letter from the Bailiff addressed to somebody who does not live at my address – what do I do?
A11. You should notify the Bailiff 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?
A12. 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.
Q13. I have a complaint regarding the actions of the bailiff – what are my options?
A13. The Bailiffs that the Council use are certified by the Courts. The Courts have a complaints procedure known as a “form 4” complaint. You should contact a local Court with the Bailiffs details and lodge your complaint. You can also make a complaint to the Council but we do not have the same powers as a Court. Should you wish to make a complaint please lay out your complaint in writing and send it to;
By Email: [email protected]
By Post: The Customer Relationship Officer St Albans City & District Council Civic Centre
St Peter’s Street St Albans
Should you wish to discuss whether it is appropriate to lodge a formal complaint with the Council you may talk it over with our Customer Services by telephoning 01727 819209
Q14. I am unhappy with the amount that the Bailiff is charging me – what can I do?
A14. Bailiff charges are laid down by the Lord Chancellor’s Office and as Bailiffs are certified by the Court, you will need to lodge your objections to the charges at a local Court through what is known as “rule 11”. A judge will then examine the Bailiffs charges and decide whether they are wrong, excessive or inappropriate. Only the Court has he power to make this judgment.
