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 cameras
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.
For moving traffic offences, such as a bus lane or a box junction, the forms to complete are PE3 and PE2.
Download the forms from the HMCTS website.
If you do not know the type of contravention, call the Traffic Enforcement Centre (TEC) on 0300 123 1056, press 4 to skip the robot, and when the call is answered, give the PCN number first.
If you do not 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.
If the bailiff obstructs you or refuses to provide the information, then he is concealing it and depriving you of your statutory right to appeal. You can sue for damages instead.
When you have completed the forms, email them to the Traffic Enforcement Centre at tec(at)hmcts.gsi.gov.uk attaching any supporting evidence (e.g., a change of address).
Enforcement is suspended in real time1 and will show on the bailiff's device in real time.
The law says the warrant of execution ceases to have effect2 and the authority must inform the bailiff of the withdrawal of the warrant as soon as possible3.
Note
This does not apply to Fixed Penalty Notices (FPNs) or Notices of Intended Prosecution (NIPs). See Stop a Magistrates' Courts Fines bailiff.
If this is a parking ticket on private land or in a private car park (e.g., NCP or APCOA), see Private Parking Tickets.
Your Grounds
- You did not receive a notice to owner (NTO) (attach proof of incorrect address)
- Your ticket is not valid
- You sold the vehicle (attach proof of sale or V5C slip)
- You moved and a bailiff traced you (attach evidence of your move)
- The alleged contravention did not occur
- If out of time, you can make an Out of Time Statutory Declaration
If you are unsure of your grounds, seek help via the online motoring groups
If your appeal is rejected, escalate it to a tribunal. In London it is London Tribunals, elsewhere it is the Traffic Penalty Tribunal. You cannot add new information later.
Warning
If the appeal fails, neither TEC nor the council will notify you. You will only find out when the bailiff arrives. Pay the PCN direct to the authority to end enforcement power2.
Warning: Online Fixers
Do not pay a fixer to complete TE9 or PE2 forms. They loiter on forums and charge £45 to prepare documents which often fail.
Some of these individuals work for bailiff companies, such as "Sheila Harding" who appears on sites like LegalBeagles and has criminal convictions for fraud. Contact Trading Standards on 03454 04 05 06 if approached.
Enforcement is Not Compliant
Enforcement may not comply with Schedule 12 procedures. See this checklist.
Pay the Council Direct
Pay the council directly. The enforcement power then ends4, and bailiffs cannot charge fees5.
Notify the bailiff in writing that you paid, otherwise he is not liable for damages if he takes an enforcement step6.
Avoidance of Doubt
The "Amount Outstanding" only includes the debt and costs for taking/selling goods7. If the bailiff has not taken control of goods, no fees apply.
To take control of goods, the bailiff must:8
- Remove them
- Immobilise them
- Secure commercial premises containing them
- Make a Controlled Goods Agreement
Procedure
- Make a cheque payable to the creditor (excluding bailiff fees)
- Photograph the cheque
- Include a reference note
- Post it by Registered Post
- Notify the bailiff company by post, email, and text
- Make a file note
Never pay the bailiff. If he pretends he seized the money or backdates a visit, he is defrauding you. This is Advance Fee Fraud.
If a bailiff takes enforcement after payment, you can sue9 for breach of paragraph 6(3). You can claim indemnity costs10.
Pay & Reclaim
Pay the debt to stop bailiff action, then reclaim it from the council through the courts.
Immunise Your Vehicle
If PCNs are unpaid, ANPR cameras may find and clamp/tow your car.
- Buy a cherished number plate and re-register the vehicle with the DVLA
- Keep it off the highway and remove plates
- Park on a neighbour's drive or private land
Bailiffs may only take control of goods where the debtor lives/trades11 or on a highway12.
References
- PD 75, Paragraph 8.1
- Schedule 12, Paragraph 6(3)
- CPR 75.8(c)
- Schedule 12, Paragraph 58
- National Standards 2014, Paragraph 31
- Schedule 12, Paragraph 59(2)
- Schedule 12, Paragraph 50(3)
- Schedule 12, Paragraph 13(1)
- Schedule 12, Paragraph 66
- CPR 44.3(3)
- Schedule 12, Paragraph 14(6)
- Schedule 12, Paragraph 13(1)(b)