Stop parking ticket bailiffs

Any of the following:

Appeal the Ticket.

Run an Enforcement Compliance check

Pay the council direct and notify the bailiff

Deploy Pay & Reclaim

Immunise your vehicle from ANPR vans

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 dont know the type of contravention, call the Traffic Enforcement Centre (The TEC) on 0300 123 1056, press 4 to skip the robot, and when the call is answered, give the PCN number first.

If you don't 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 obfuscates you or you are met with stubborn intransigence, then he is concealing it and depriving you of your statutory right to appeal the PCN. 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, for example, a change of address.

Enforcement is suspended in real time⁽¹⁾ and will show on the bailiffs device in real time.

The law says the warrant of execution ceases to have effect⁽²⁾and the authority must inform any bailiff instructed to levy execution of the withdrawal of the warrant as soon as possible.⁽³⁾

NOTE:

This does not apply to Fixed Penalty Notices (FPN's) and Notice of Intended Prosecution (NIP's) - See Stop a Magistrates’ Courts Fines bailiff

If this is a parking ticket on private land, or a private car park, for example, NCP or ACPOA, see Private Parking Tickets

Your Grounds:

You did not receive a notice to owner (NTO) (attach proof of wrong address on the warrant of control)

Your ticket is not valid

You sold the vehicle (attach proof of sale, or V5 green slip)

You moved, and a bailiff traced you to your new address (attach evidence of your new address and date of move)

The alleged contravention did not occur

If you are outside the time limit to appeal, you can make an Out of Time Statutory Declaration saying why you are late

If you can't think of any grounds to appeal, then get your PCN and other documents looked at by an expert by posting them the PePiPoo Fightback forums.

The TEC often rejects your first appeal. This is commonplace, and you escalate your appeal to a tribunal. In London it is London Tribunals and elsewhere it is the Traffic Penalty Tribunal. Remember, you cannot add new information that was not disclosed with your forms.

WARNING:

If the appeal is unsuccessful, neither The TEC nor the authority (or council) will tell you.

The bailiff ambushing you will be the first you learn. Pay the PCN direct to the authority and that ends the enforcement power.⁽²⁾

WARNING: Online fixers.

DO NOT pay a fixer to prepare your TE9 or PE2 documents. They loiter on internet forums sending private messages and charge £45 to fix court documents.

The fixer works for bailiff companies: Sheila Harding "bailiff advice", peddles on websites including, LegalBeagles Forums Marc Gander's Consumer Action Group website and Pepipoo Motoring forums, charging £45 to fix a Penalty Charge Notice (which fails anyway). Sheila has multiple criminal convictions for fraud. Source.

If a fixer approaches you offering to appeal a ticket for reward, contact the Trading Standards Scams Team on 03454 04 05 06

Enforcement is not compliant

Enforcement may not comply with the Schedule 12 enforcement procedures. Follow this checklist

Pay the council or authority direct

If you pay the amount outstanding to the creditor, the enforcement power ceases to be exercisable⁽⁴⁾ and the bailiff cannot seek to enforce the recovery of fees.⁽⁵⁾

When paying a creditor before an enforcement agent takes any enforcement stage, you must notify the bailiff in writing, otherwise he is not liable for damages if he takes an enforcement step.⁽⁶⁾

TEMPLATE

Avoidance of doubt

The law says the Amount Outstanding is the debt, together with any costs paid for taking and selling the debtors goods.⁽⁷⁾

Provided the bailiff has not taken control of any goods, there are no amounts recoverable out of proceeds leaving only the debt itself. The regulations do not add "fees" to the Amount Outstanding

To take control of goods, the bailiff must do one of the following:⁽⁸⁾

Remove them

Immobilise them

Secure the premises containing them (commercial premises only)

Make a Controlled Goods Agreement.

Procedure:

Make a cheque payable to the name of the creditor for the amount outstanding, excluding bailiffs fees

Take a photo of the cheque

Enclose a note giving references and what this payment is for

Post it to the creditor by REGISTERED POST, (and if they refuse to sign for it, it proves it reached its destination, and the payment was 'tendered')

Send the bailiff company a message by post and by email and to the bailiff by text message, telling them the amount outstanding has been paid to the creditor. Keep a copy of the message.

Make a file note of everything.

NEVER pay the bailiff, otherwise your money goes straight in his pocket. He will pretend he "seized" the money as "goods" under paragraph 50(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, or make a backdated attendance AFTER the debt has been paid. He is defrauding you the enforcement stage fee of £235, which is Advance Fee Fraud.

If the bailiff takes an enforcement step after paying the amount outstanding, then you can sue⁽⁹⁾ for breach of paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Legal fees cost nothing because the bailiff company is liable on an indemnity basis.⁽¹⁰⁾ He breached a provision in the Schedule 12 enforcement procedure, and they have Professional Indemnity Insurance for this.

Pay & Reclaim

Pay the debt to clear it and get the bailiffs off your back, then reclaim the money from the council through the courts.

Immunise your vehicle

If PCN's do not get paid, bailiff companies keep a database of contravention vehicle registrations and go round in ANPR vans. They look for vehicles then do a drive-by clamping and tow it away.

Other then selling it away from London and South East where ANPR activity is prominent, you can:

Buy a cherish number plate and re-register the vehicle with the DVLA

Keep it off the highway and remove the number plates completely

Park it on a neighbours driveway in full view, or other private land such as a private car park.

Bailiffs may only take control of goods where the debtor usually lives or trades,⁽¹¹⁾ or on a highway.⁽¹²⁾

^(1).^{Paragraph 8.1}^{of Practice Direction 75}

⁽²⁾^{Paragraph 6}^{(3) of Schedule 12 of the Tribunals
Courts and Enforcement Act 2007}

^{(3)
Civil Procedure}^{Rule 75.8}^(c)

⁽⁴⁾^{Paragraph 58}^{of Schedule 12 of the Tribunals,
Courts and Enforcement Act 2007}

^{(5)
Paragraph 31 of the}^{Taking Control of Goods:
National Standards 2014}

⁽⁶⁾^{Paragraph 59}^{(2) of Schedule 12 of the Tribunals,
Courts and Enforcement Act 2007}

⁽⁷⁾^{Paragraph 50}^{(3) of Schedule 12 of the Tribunals,
Courts and Enforcement Act 2007}

⁽⁸⁾^{Paragraph 13}^{(1) of Schedule 12 of the Tribunals,
Courts and Enforcement Act 2007}

⁽⁹⁾^{Paragraph 66}^{of Schedule 12 of the Tribunals,
Courts and Enforcement Act 2007}

⁽¹⁰⁾^{Civil Procedure Rule
44.3}⁽³⁾

⁽¹¹⁾^{Paragraph 14}^{(6) of Schedule 12 of the Tribunals,
Courts and Enforcement Act 2007}

⁽¹²⁾^{Paragraph 13}^{(1)(b) of Schedule 12 of the
Tribunals, Courts and Enforcement Act 2007}