| Topic: | Re:PCN from Council gone to bailiffs | |
| Posted by: | Richard Jennings | |
| Date/Time: | 26/08/14 23:05:00 |
| Yes, Ealing are following the correct procedure. Your son has to contact the national Traffic Enforcement Centre (TEC) which is based at Northampton County Court. If a traffic penalty is not paid despite reminders and no appeal has been lodged, the council will register it with TEC as a civil debt, which enables them eventually to use bailiffs to pursue the debt. If your son had no previous knowledge of the alleged contravention, he needs to sign a Statutory Declaration to that effect and send it to TEC at Northampton. This normally has to be done within 36 days of the debt being registered at TEC by Ealing, but if bailiffs are already involved, that might mean the 36 days have already expired. The first step is to find out when Ealing registered the debt at TEC. Either get that information from Ealing or phone TEC on 0300 123 1059 or 01604 619450. If he is still within the 36-day window, he needs to complete a Statutory Decalaration on Form PE3 and get it witnessed at any county court or by a solicitor. If TEC accepts the Statutory Declaration, they will cancel the debt registration and refer the matter back to Ealing. If Ealing wish to pursue it, they would have to re-issue the PCN to the correct address. If he's outside the 36-day window, he will have to complete an application notice (Form PE2) as well as the PE3, justifying why he wasn't able to respond in time. For further information, see http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre/statutory-declarations The forms are at http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=Traffic%20Enforcement%20Centre |