Traffic Enforcement Centre (TEC)
Frequently Asked Questions
What happens before the penalty charge is registered?
The following stages occur before the charge is registered with TEC:
- A penalty charge notice would have been issued. This should have been paid or appealed against as per instructions given on the notice.
- A Notice to Owner/Enforcement Notice would have been sent to the registered keeper of the vehicle (not necessarily the driver at the time of the offence). This amount should have been paid or disputed. Representations should have been made in writing to the Local Authority and, if appropriate, an appeal made to the Parking/Traffic Adjudicator.
- A Charge Certificate would have been issued, this increased the unpaid penalty charge by 50%. This should have been paid to the Local Authority.
What should I do if I wish to contest the penalty charge?
If you wish to contest the Charge you must file a valid Statutory Declaration with the TEC, within 36 days of the date of the penalty charge registration. There are only three grounds upon which the declaration can be based. These highlight the procedures, the local authority have failed to carry out prior to registering the penalty charge. They are:
- You have not received the notice to owner or enforcement notice;
- You made representations to the Local Authority but you did not receive a rejection notice; and
- You made an appeal to the Parking/Traffic Adjudicator (following the rejection, by the Local Authority, of your representation) and you received no response.
What should I do if I have already paid the penalty charge?
You must contact the Local Authority with proof of payment. If you do nothing the Local Authority may attempt to recover the penalty charge through private bailiff action.
Where can I get my Statutory Declaration form sworn?
The Statutory Declaration must be sworn before any of the following before it can be accepted by the TEC:
- An Officer appointed by the Judge to take affidavits - these staff can be found at a local county court and do not charge a fee.
- A Justice of the Peace at any Magistrates Court. A fee may be payable and you should contact your Local magistrates court for further information.
- A Solicitor or Commissioner for Oaths. A fee may be payable and you should contact any solicitors office for details of the fee charged.
What happens when I file a valid Statutory Declaration?
TEC will revoke the Order for Recovery. This does not mean that the penalty charge has been cancelled. The Local Authority may continue to pursue the charge and will contact you if it intends to take further action.
What happens if I do not respond?
If you do not file a valid statutory declaration with TEC within 21 days of the date on the Order for Recovery, the Local Authority may enforce the Charge by requesting a warrant. Once the warrant has been authorised by TEC, the Local Authority will employ private bailiffs to execute the warrant.
I am going away on holiday on Friday for the next 4 weeks and will not be able to complete the Statutory Declaration within the 21 day time limit. What do I do?
If you require more time to complete your statutory declaration, you may apply for a time extension in writing. Please ensure you quote your penalty charge number, how much time you will need and the reason why you require more time. Please note that TEC can only grant one extension of up to four weeks.
Who do I make payments for the penalty charge to?
You must send any payments direct to the Local Authority. Any payments received by TEC will be returned. If you have any queries regarding payment arrangements you must contact the Local Authority.
How do I find out if a warrant has been issued?
You may contact the Local Authority or TEC to find out if a warrant has been issued.
My car has been clamped by bailiffs and I know nothing about this penalty charge.
To find out information regarding the penalty charge, you should contact the relevant Local Authority.
Provided a statutory declaration can be filed under one or more of three grounds and there is a good reason why the statutory declaration was not filed within the 21 day time limit, an application to file a statutory declaration out of time can be filed. However, please note that this would not cancel any bailiff action that has already taken place.
Who do I contact regarding bailiff action?
As the Local Authority employs the bailiffs, any bailiff queries must be addressed to the Bailiff Company or the Local Authority. TEC cannot suspend or cancel any bailiff action. Any complaints about the conduct of a bailiff must be made to the County Court that issued the certificate to the bailiff.
What should I do if the Bailiff has been instructed and I wish to file a statutory declaration?
Provided a Statutory Declaration can be filed under one or more of the three grounds and there was a good reason why the statutory declaration was not filed earlier (within the 21 day time limit), you should complete an application to file a statutory declaration out of time (along with the statutory declaration form). You can obtain these forms either via this web link or contact the TEC on 08457 045007. The completed and sworn forms should be sent to the TEC not the Local Authority.
Once I have filed my late Statutory Declaration, what happens next?
TEC will contact the relevant Local Authority via email or fax to confirm that an application has been processed. Upon receipt, the Local Authority will suspend any enforcement action. A copy of your form is then posted to the Local Authority concerned. If the Local Authority accepts your application within 19 working days, the Order for Recovery will be revoked (cancelled). If the Local Authority rejects your application, the appeal will be referred to the Officer of the Court who will make an impartial judicial decision. You will then be notified of the results.
I filed my late Statutory Declaration and the Officer of the Court rejected it. How do I apply to have this decision reconsidered?
You may apply by completing an N244 'Application Notice' form stating that you wish to set aside the Officer of the Court's order. Upon receipt of your form, TEC will transfer the matter to the Respondent’s local county court and will be listed for a hearing.
Will the charge be registered as a judgment?
A penalty charge registration is not registered on a collective register as a County Court Judgment is.