What Happens If I Don't Pay?

It is a requirement of the TMA that Herefordshire Council follows a strict enforcement procedure for the recovery of unpaid PCNs.

If neither payment nor correspondence is received then:

• The DVLA will be contacted to locate the registered owner/keeper's name and the address details.
• No less than 28 days after the PCN has been issued, a Notice to Owner (NTO) will be issued to the person the DVLA has advised as being the registered owner/keeper of the vehicle.

The NTO is the first stage in the legal process and provides all details of the offence, amount payable and options available to the recipient.

Only the registered owner/keeper of the vehicle may make a formal representation against the NTO, provided they satisfy one of the grounds listed on the NTO. This must be provided within 28 days of the date of the NTO. If this is not received within this time, the Council is not required to consider the representation.

A list of representations and guidance on how these are considered can be located on page 35 of the 'Appeals and Representations Protocols'.

If the representations are accepted, a formal Notice of Acceptance will be issued advising that the NTO has been cancelled and the reasons why.

If your representations are rejected, a formal Notice of Rejection (NOR) will be issued advising this. This will give full reasons for the rejection and will confirm the amount to be paid, which will be payable within 28 days of the date of the NOR.

All letters will be replied to promptly and the target is that a reply will be sent within 10 working days of receipt. If the matter is complex and a full reply will not be possible in that period, then an acknowledgement letter is to be sent within five days of receipt.

However, statutory requirements provide that Herefordshire Council must let you know its decision in writing not later that the last day of the period of 56 days beginning with the date on which your representation was served. Failure to do so will result in the NTO being cancelled and any sums already paid being refunded.

If your representation is rejected you have the right to appeal to an independent adjudicator, the Traffic Penalty Tribunal. An appeal form will be sent with the Notice of Rejection and will explain how and when to appeal to the adjudicator.

For further information in respect of the Traffic Penalty Tribunal you may contact their website at http://www.trafficpenaltytribunal.gov.uk/

An unsuccessful appellant will be given 28 days from the date of the decision to pay the full charge.

There is also information on the overall civil enforcement process at http://www.patrol-uk.info/

Should payment not be made following the NOR or no appeal received then:

No less than 28 days after the issue of the NTO/NOR/dismissal of appeal from the Traffic Penalty Tribunal, a Charge Certificate (CC) will be sent.

The CC will provide details of the offence and the amount payable. The balance will have increased by 50% of the full charge. Full payment is required within 14 days of the date the CC was issued.

The Council is not obliged to consider informal challenges at this stage and neither can an appeal be made to the Traffic Penalty Tribunal.

If payment is not received within 14 days of the issue of the CC, the PCN will be registered with the Traffic Enforcement Centre (TEC) to recover the outstanding amount under a County Court Order, increasing the amount payable by £5.00 (court registration costs). An Order for Recovery (OR) will then be issued.

The OR details the same information as the NTO and CC, however the amount payable will have increased by a further £5.00 due to the Court fee.

There are two options once this has been issued:

1. Pay in full within 21 days of the issue date of the OR.
2. Contest the issue of the Court registration, within 21 days of the issue date of the OR, by filing a Witness Statement with the TEC using one of the following grounds:

1. The Notice to Owner was not received.
2. Formal representations against the Notice to Owner have been made to the Local Authority within 28 days of the service of the NTA but a rejection notice has not been received.
3. An appeal has been made to the Parking/Traffic Adjudicator against the Local Authority's decision to reject the representation within 28 days of the service of the rejection notice but no response has been received.
4. The penalty charge has been paid in full.
   
   If the Witness Statement is considered to be valid, the TEC will revoke the OR. If the revocation is on the grounds (a), (b) or (c) above this does not mean that the penalty charge has been cancelled. Herefordshire Council will continue the process and contact you.

If you do not file a valid Witness Statement with the TEC or make full payment within 21 days of the date of the OR, Herefordshire Council may enforce the charge by requesting a warrant. When the warrant has been authorised by the TEC, Herefordshire Council will employ certificated bailiffs to execute the warrant. At this stage bailiff costs will be incurred.

Once a warrant has been authorised and the bailiffs instructed, the following options are available:

1. Pay the full monies owed to the bailiffs.
2. Provided a Witness Statement can be filed under one of the four grounds and there was a good reason why the Witness Statement was not filed earlier (within the 21 day time limit from the date of issue of the OR), you should contact the TEC on 08457 045007 or by email at customerservice.tec@hmcourts-service.gsi.gov.uk to request an application form to file the Witness Statement 'out of time'. This should be sent to the TEC and not Herefordshire Council. This form can also be found on the TEC website: www.hmcourts-service.gov.uk/cms/tec.htm

Last Updated: 28 May 08,
Review Date: 20 September 2005