We’ll send you a link to a feedback form. I paid the PCN in full – you must provide details of the date payment was made, the method of payment i.e. The registered keeper will then be sent an Order for Recovery (TE3 form) and a Witness Statement - Unpaid Penalty Charge (TE9 form). The Penalty Charge Notice (PCN) will include information about making a representation (challenging the PCN) and how long you've got to do it. If you have received a text message, letter or visit from a bailiff/enforcement agent in relation to a Penalty Charge Notice, Congestion Charge, Dart Charge or Merseyflow penalty that you had been unaware of, it will usually be because all correspondence had been sent to a previous address.If so, legislation is in place to protect you. In addition to the Late Witness Statement application (Form TE7) the applicant will need to file a Witness Statement (Form TE9). The registers can be accessed through our appellant portal Before accessing the appellant portal, please read our privacy statement, which gives important information about the data we collect and how we use it. Send the completed Witness Statement to the TEC. You must submit the witness statement by the date shown on the Order for Recovery. You must make your appeal before you pay for the charge unless your vehicle has been removed. Please make representation online and you will be able to view photos of the vehicle in contravention and see if the PCN was served to the vehicle. If you choose to complete a Witness Statement, it should be sent to the Traffic Enforcement Centre (not to the council). Don’t worry we won’t send you spam or share your email address with anyone. Declaration or Witness Statement, out of time. If an Order for Recovery has been served and if no payment or Witness Statement has been filed in the time allowed, we can request authority from the Traffic Enforcement Centre (TEC) to use an Enforcement Agent to recover the outstanding debt arising from the PCN. You cannot be sent to prison for not paying a parking penalty. How to Pay your Council Tax Replaced Word version of Form TE9 with a PDF and added a large print version. If you have been contacted about a PCN that you did not know about, or thought was paid or cancelled, you may contact the Traffic Enforcement Centre (TEC) requesting an out-of-time witness statement. To help prove that you used your Blue Badge, when you appeal include: a letter from anyone who was with you confirming that you displayed your Blue Badge – they should write ‘Witness statement’ at the top. You need to complete the form adding a single tick against the entry: Once notification has been received from TEC, the actions of the enforcement agent will be put temporarily on hold. My OOT witness statement for a PCN was accepted, canceling the charge certificate, notice to owner, order for recovery and bailiff fees. You may be asked to provide proof of payment on request. Witness Statement for PCN. Council Offices, Gernon Road, Letchworth Garden City, SG6 3JF, Enforcement Agents - Penalty Charge Notice, Witness Statement - Penalty Charge Notice. You can change your cookie settings at any time. Further information can be found on the enforcement agents page. The outstanding PCN amount will increase by £8 at this time for court costs. I made representations about the penalty charge but did not receive a rejection notice – if you made representations after receiving the Notice to Owner but you did not receive our Notice of Rejection of Representations, you will not have had an opportunity to appeal to the independent adjudicator. The registered keeper of the vehicle can choose to make a Witness Statement to the Traffic Enforcement Centre on limited grounds. Once notification has been received from TEC, the enforcement agent will be put on hold temporarily. • You made representations about the penalty charge notice to the Charging Authority within 28 days of service of the notice but did not receive a reply (notice of rejection). The words used by the witness in the statement must, therefore, be their own. The outstanding PCN amount will increase by £8 at this time for court costs. Or does Parking Services use enforcement agency to recover the debt? I appealed to the Traffic Penalty Tribunal but have had no response to my appeal – if you made a formal appeal to the Traffic Penalty Tribunal but did not receive notification of the outcome, you may not have had the opportunity to pay the full penalty charge before it increased by 50% on issue of a Charge Certificate. Order for Recovery of Unpaid Penalty. My OOT witness statement for a PCN was accepted, canceling the charge certificate, notice to owner, order for recovery and bailiff fees. This procedure should not be used for challenging the validity of the PCN or for making a complaint. Make an out of time witness statement. If a Witness Statement is made on this ground and accepted by the Traffic Enforcement Centre and the council disputes the statement, the case will be referred to the Traffic Penalty Tribunal for a decision to be made by an adjudicator. Witness Statement These people had no involvement during the occurrence, but are spectators that have laid eyes on certain parts of the event or have witnessed it entirely. The outstanding PCN amount will increase by £8 at this time for court costs. At this stage, the options are either to pay the charge due or submit a Witness Statement or Statutory Declaration to the Traffic Enforcement Centre at Northampton County Court. The PCN wasn't attached to the vehicle. This is what has happened: If you don't know whether the traffic contravention is a moving or a non-moving offence, then call the Traffic Enforcement Centre (the TEC) on 0300 123 1059. Making a Witness Statement. Make a "statutory declaration" (or "stat dec") and a witness statement. They are often known as a ‘parking penalty charge’ or a 'penalty charge notice’ (PCN). If a valid Witness Statement is made on this ground, the council will treat the case as if a formal appeal had been made and forward all documentation to the Parking and Traffic Appeals Service (for London PCNs), the Traffic Penalty Tribunal (for PCNs outside London) or the Scottish Parking Appeals Service (for PCNs in Scotland). notice advises you to either pay the unpaid penalty charge or to complete the enclosed Witness Statement form. I want to make a Witness StatementIf you decide not to pay at this stage, you can complete the Witness Statement and send it to the Traffic Enforcement Centre. However, on the PATAS website it states that if the witness statement is accepted, the case goes back to the council who can then re issue the "notice to owner" letter, effectively giving them a second chance to enforce the PCN. I want to make a witness statement. Statement of truth . If after 14 days of a charge certificate being served the penalty charge is still not paid, the local authority may register it as a debt at the Traffic Enforcement Centre. The TEC will issue an 'order for recovery of unpaid penalty charge' (TE7). On the other hand, the witness statement cannot be considered as contemporaneous in light of the passage of time from when the PCN was issued to when the statement was provided. witness statement: Reason(s): Proceedings for contempt of court may be brought against you if you make or cause to be made a false statement in an application verified by a statement of truth without an honest belief in its truth. This is what has happened: Liability for the penalty charge will then be decided by an adjudicator. You must make your appeal before you pay for the charge unless your vehicle has been removed. We also use cookies set by other sites to help us deliver content from their services. Witness Statement These people had no involvement during the occurrence, but are spectators that have laid eyes on certain parts … Charge Certificates and Orders for Recovery Charge Certificates and Orders for Recovery If a Penalty Charge Notice (PCN) remains unpaid or is ignored, the authority that issued it has the right to increase the charge and register the outstanding amount as 2(a) is the ground on the witness statement that you never received a PCN so the original is cancelled. If the TEC accepts the witness statement they will revoke the registration of the debt and advise us of this. I completed a Witness Statement recently for a PCN, as I did not receive the PCN within 28 days as I had moved address - this was accepted by Northampton County Court. Bailiff companies substitute the PCN number with a reference number which has no meaning to anyone other than the bailiff company itself. 22 replies 2.5K views contactramemail Forumite. If no payment is received and no Witness Statement is made by the date specified on the Order for Recovery, we can request authority from TEC to use a certified bailiff to recover the outstanding debt arising from the PCN. Within this statement, I make reference to various documents now produced to me in a paginated bundle at 'TM 1' and have been provided to me by the Claimant to support the claim. Find out how HM Courts and Tribunals Service uses personal information you give when you fill in a form. Sign up for news updates by email, © North Hertfordshire District Council Remember: The owner or hirer of the vehicle remains liable even if they were not driving at the time of the contravention. However, is this not invalid as the PCN has not now been issued within 28 … Add the details you’ve entered on Form TE3: Order for recovery of unpaid penalty charge (parking) to this witness statement. At this stage, the options are either to pay the charge due or submit a Witness Statement or Statutory Declaration to the Traffic Enforcement Centre at Northampton County Court. If you wish to contest the PCN you must file a valid statutory declaration/witness statement (on form TE9) with the Traffic Enforcement Centre (TEC), within 21 … the PCN has been paid in full to the Brighton & Hove City Council; Proceedings for contempt of court may be brought against you if you make or cause to be made a false statement in an application verified by a statement of truth without an honest belief in its truth. Both forms must be filed direct with the Traffic Enforcement Centre. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If you do not pay the penalty or make representations against a Notice to Owner (NtO) or Penalty Charge Notice (PCN) served by post by the end of the maximum 28-day period, the authority will send you a Charge Certificate: this increases the penalty by 50%. 27 April 2019 at 10:20AM edited 27 April 2019 at 10:22AM in Parking Tickets, Fines & Parking. This is wrong (but likely to be tolerated) but also confusing. This notice advises you to either pay the unpaid penalty charge or to complete the enclosed witness statement form. If your challenge is sent within 14 days of the PCN issue date, the 50% discount amount will remain while we consider your challenge. Witness Statement The Witness Statement form is sent to the registered keeper of the vehicle with the Order for Recovery if a Penalty Charge Notice (PCN) has been registered as a debt at the Traffic Enforcement Centre. When reviewing your opponent’s witness statements before trial, it is a good idea to look closely at the words used. Witness Statement. Appeal a traffic debt after bailiffs. A witness statement form is a document that is utilized by people who were present during certain situations and events. There is … This notice advises you to either pay the unpaid penalty charge or to complete the enclosed witness statement form. The PCN wasn't attached to the vehicle. I would split the argument and legal points into a skeleton argument and keep the facts in the witness statement but that's me. witness statement under ONE of the following grounds You paid the penalty charge notice in full. The TE7 includes a witness statement (TE9). [1] A statutory declaration is sometimes called a stat-dec.. The measures you can take to challenge a Penalty Charge Notice (PCN), and those we take to enforce payment, form a strictly defined legal process. Witness statements are given to assist the court in uncovering the truth behind the incident. You can only dispute a PCN for specific reasons or grounds. The Traffic Enforcement Centre ( TEC) will review your ‘out of time’ challenge if it’s refused by the council or authority. A penalty charge notice (PCN) is a legal document issued or served when a vehicle has been seen in contravention of a parking or traffic restriction. Hi All, It is to make it difficult for you to appeal the PCN and suspending the enforcement power.. And I'm still trying to work out what that means so hopefully you didn't get a PCN with the CC. Appeal a traffic debt after bailiffs. If you complete a Witness Statement it does not mean that the PCN is cancelled. A Charge Certificate is a notice issued if you do not pay or appeal a penalty charge notice within the statutory time limit, it also increases the amount on the penalty charge notice by 50%. It is a criminal offence to make a false Witness Statement and proceedings for contempt of court may be brought against you if you make a false statement without an honest belief in its truth. If you don't know the PCN number, the bailiff or the council can tell you. If you don't know the PCN number, the bailiff or the council can tell you. Is my understanding correct that the PCN should be reissued, allowing me to pay it with the normal 50% discount given for paying within 14 days? This notice advises you to either pay the unpaid penalty charge or to complete the enclosed Witness Statement form. I want to make a witness statement. If you don't know whether the traffic contravention is a moving or a non-moving offence, then call the Traffic Enforcement Centre (the TEC) on 0300 123 1059. If a Witness Statement is made on this ground and accepted by the Traffic Enforcement Centre, the case will be referred to the adjudicator. Anyway, both circumstances were explained and … 13 posts. If the Penalty Charge Notice is not paid, then the Council can apply to the court for a Warrant of Execution to transfer the debt to a Bailiff. You may make a witness statement under the following grounds, which apply to you: • You did not receive the penalty charge notice. The order for recovery includes information on making a statutory declaration/witness statement, and you can contact the TEC if you have an enquiry about this stage of the process. The Traffic Management Act 2004 provides that a Penalty Charge Notice should be handed to the person in charge of the vehicle or fixed to it. Two separate PCN's. Once the debt has been registered, an out of time (OOT) witness statement can be made to TEC. cash, cheque etc. Privacy and; be signed by the witness and dated. Hi all, Wondered if anyone could help as this has been puzzling me for a while. If the form still doesn’t open, contact hmctsforms@justice.gov.uk. Statement of truth . and who the payment was made to. Please note: You may only submit a Witness Statement of Statutory Declaration if one of the stated grounds is relevant. witness statement: Reason(s): Proceedings for contempt of court may be brought against you if you make or cause to be made a false statement in an application verified by a statement of truth without an honest belief in its truth. I want to make a witness statement. The four limited grounds on which you can make a statement are: I did not receive the Notice to Owner/Penalty Charge Notice (PCN) I made representations about the penalty charge to the enforcing authority concerned within 28 days of the service of the Notice to Owner, but did not receive a … Witness statement. If you wish to contest the PCN you must file a valid statutory declaration/witness statement (on form TE9) with the Traffic Enforcement Centre (TEC), within 21 … To access and fill in this form on your computer you’ll need to use Adobe Acrobat Reader. It’s important that a Charge Certificate is issued correctly, if the council issue is too early, then it invalidates the whole enforcement process for the penalty charge notice. Order for Recovery of Unpaid Penalty. The registered keeper of the vehicle can choose to make a Witness Statement to the Traffic Enforcement Centre on limited grounds. Call the … As expected, the Council have reissued the PCN. The order is sent to you by the council with a form attached called ‘witness statement - unpaid penalty charge (parking form … Along with the order of recovery, a statutory declaration/witness statement form will be sent. It is a criminal offence to make a false witness statement. This notice advises you to either pay the unpaid penalty charge or to complete the enclosed Witness Statement form. If your Out of Time witness statement has been rejected, you will receive a letter from the Traffic Enforcement Centre to advise you of the decision and informing you that you may apply within 14 days to have the decision reviewed by way of an N244 Application. We will put the charge on hold until we have made a decision about your case. I want to make a Witness StatementIf you decide not to pay at this stage, you can complete the Witness Statement and send it to the Traffic Enforcement Centre. Cookies If the Penalty Charge Notice is not paid, then the Council can apply to the court for a Warrant of Execution to transfer the debt to a Bailiff. Further information about the Witness Statement process can be found on the Traffic Enforcement Centre website. [1] A statutory declaration is sometimes called a stat-dec.. If you believe a PCN has been issued incorrectly you can challenge it in writing within 28 days of its issue. Registration of Debt, order for Recovery, warrant of execution and witness statement (formerly a statutory declaration) for a pcn issued at the scene If after 14 days of a charge certificate being served the penalty charge is still not paid, the local authority may register it as a debt at the Traffic Enforcement Centre. Appeal a PCN. Answer: If an applicant wishes to file a Witness Statement but the timescale specified for doing so on the Order for Recovery has elapsed, they may apply to file a Late Witness Statement. If your Out of Time witness statement has been rejected, you will receive a letter from the Traffic Enforcement Centre to advise you of the decision and informing you that you may apply within 14 days to have the decision reviewed by way of an N244 Application. Witness statements must: Start with the name of the case and the claim number; State the full name and address of the witness; Set out the witness's evidence clearly in numbered paragraphs on numbered pages; End with this paragraph: 'I believe that the facts stated in this witness statement are true.' 32.8 A witness statement must comply with the requirements set out in Practice Direction 32. The PCN case file will be progressed to the next stage of the statutory recovery process and further charges may be incurred as a result. To appeal a traffic offence after getting bailiffs is called an out of time statutory declaration, or an out of time witness statement. There is a … Registration of Debt, Order for Recovery, Warrant of Execution and Witness Statement (Formerley a Statutory Declaration)for a Bus Lane PCN .
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