Council Fine CheckIf a Charge Certificate is not paid within 14 days, the council can register the increased charge at the Traffic Enforcement Centre (TEC) in Northampton. You then receive an Order for Recovery. The TEC is part of the county court, and all these cases are filed there (CPR PD 75).
The four reasons
You can file a witness statement that gives one, and only one, of these (SI 2022/71, reg 23):
- You did not receive the Notice to Owner or postal PCN.
- You made representations to the council but did not receive a Notice of Rejection.
- You appealed to the adjudicator but had no response, or the appeal was not decided before the Charge Certificate, or it was decided in your favour.
- You have paid the penalty charge.
Wales has the same four reasons (SI 2013/362, reg 22).
The 21-day limit
File within 21 days of the order being served on you. If you are late, apply for more time on the out-of-time application that comes with the order. A court officer decides it without a hearing, no earlier than 14 days after the council has been sent it; if refused, you can ask a district judge to review the refusal (PD 75 paras 5-6). Forms can be emailed to [email protected].
Bailiffs already involved?
If a warrant of control has been issued and you apply for more time, the council must suspend enforcement until your application is decided (PD 75 para 8.1). Tell the enforcement agent you have applied.
What happens next
When a valid witness statement is filed, the order is revoked and the Charge Certificate cancelled. Only make a statement that is true: it is signed with a statement of truth.
Questions
Can I give more than one reason?
No. The statement must give one, and only one, of the four reasons.
Does filing a witness statement end the matter?
It revokes the court order and cancels the Charge Certificate. If you said you did not receive the notice, that notice is cancelled too, and the council can start again by serving a fresh one, giving you a chance to make representations.