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Stop Parking Ticket Bailiffs

Any of the following:

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

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

Procedure

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.

Bailiffs may only take control of goods where the debtor lives/trades11 or on a highway12.


References

  1. PD 75, Paragraph 8.1
  2. Schedule 12, Paragraph 6(3)
  3. CPR 75.8(c)
  4. Schedule 12, Paragraph 58
  5. National Standards 2014, Paragraph 31
  6. Schedule 12, Paragraph 59(2)
  7. Schedule 12, Paragraph 50(3)
  8. Schedule 12, Paragraph 13(1)
  9. Schedule 12, Paragraph 66
  10. CPR 44.3(3)
  11. Schedule 12, Paragraph 14(6)
  12. Schedule 12, Paragraph 13(1)(b)