Paid or Challenged a PCN But Enforcement Continued? What to Do
Finding out that a bailiff has made contact, or that money has been taken from your account, when you thought a Penalty Charge Notice (PCN) had already been dealt with is an alarming experience. Whether you paid the PCN in full, submitted a formal challenge, or appealed to an independent tribunal, the enforcement process should have stopped. When it has not, there is usually an explanation rooted in how the system communicates, and there are specific legal remedies available to you. Acting quickly is important, because enforcement can escalate rapidly once a county court order has been granted.
Why Enforcement Sometimes Continues After Payment or Challenge
The Traffic Enforcement Centre (TEC) in Northampton is the county court body that processes unpaid PCNs for local authorities in England and Wales. When a council believes a PCN has not been paid and no valid challenge is on record, it can apply to the TEC for an order. The TEC then registers a county court judgment, which allows the council to instruct enforcement agents (bailiffs) to recover the debt.
The problem is that the TEC system relies on information supplied by the issuing authority. If your payment was not correctly recorded, if your challenge was lost in the post, or if a formal appeal was submitted but not properly logged, the council may have continued its enforcement process as though nothing had happened. Common reasons this occurs include:
- Payment made close to a deadline that was not processed in time
- A postal challenge that was never acknowledged or was misfiled
- An online submission that failed silently without generating a reference number
- An appeal to the independent adjudicator that was submitted but not linked to the correct notice reference
- A change of address meaning enforcement correspondence went elsewhere
In some cases, the council is simply unaware that you already dealt with the matter. In others, there has been an administrative failure. Either way, the legal remedy is the same: you need to apply to the TEC to have the order set aside.
The Statutory Declaration Route
A statutory declaration is a formal legal statement, sworn in person before an authorised witness, in which you set out the grounds for why the enforcement order should not have been made. Once accepted by the TEC, it can cancel the county court order and return the matter to an earlier stage, giving you the opportunity to have your payment or challenge properly considered.
This is not the same as writing a complaint letter to the council or contacting the bailiff directly. A statutory declaration carries legal weight because it is sworn evidence. Making a false statement in one is a criminal offence, which is why the in-person witnessing requirement exists.
Which Form Do You Need?
The form you use depends on the type of contravention:
- Parking contraventions: Use form TE7 (the statutory declaration itself) and TE9 (the witness statement). For a TE9, you can sign in front of a solicitor, Commissioner for Oaths, or authorised court officer, but the TE9 can also be signed without a third-party witness in certain circumstances, making it slightly more accessible.
- Bus lane and moving traffic contraventions: Use form PE2 (the statutory declaration) or PE3 (depending on the specific ground being relied upon). These must be sworn in person before an independent authorised witness, such as a solicitor or Commissioner for Oaths. You cannot simply sign them at home and post them off.
Getting the right form matters. Submitting the wrong one, or failing to have it witnessed correctly, will result in the TEC rejecting the application.
Grounds for a Statutory Declaration
The TEC will only accept a statutory declaration on specific statutory grounds. The most relevant ones for someone who has already paid or challenged include:
- You did not receive the original notice that started the enforcement process (for example, a Notice to Owner or a Charge Certificate).
- You paid the PCN before the council applied for the order.
- You made a formal representation to the council that was not properly considered.
- You appealed to the independent adjudicator and the appeal was not concluded before enforcement was pursued.
You must be honest about which ground applies to your situation. If you paid late, that is different from paying on time. If you submitted a challenge informally rather than as a formal representation, that may affect which ground is available to you.
What Happens After You Submit the Declaration
Once the TEC receives a properly completed and witnessed statutory declaration, it will usually issue an order to the bailiff to pause enforcement. The matter is then referred back to the council, which must reconsider the case in light of the information you have provided.
If your payment is confirmed, the PCN should be closed and any enforcement fees removed. If your challenge is reconsidered and accepted, the PCN may be cancelled entirely. If the council does not accept your grounds, the matter may proceed again, but you will at least have had the opportunity to be heard properly.
It is worth noting that the TEC does not adjudicate on the merits of your challenge itself. It is not an appeals body. Its role is procedural: to decide whether the order was correctly obtained and whether enforcement should continue.
Gathering Your Evidence
Before completing your statutory declaration, gather as much supporting evidence as possible. This will not accompany the statutory declaration to the TEC in all cases, but it will be essential when the matter is referred back to the council. Useful documents include:
- Bank or card statements showing the payment transaction and date
- Email or postal receipts from your challenge or appeal
- Any reference numbers provided by the council or the independent adjudicator
- Copies of any correspondence you sent or received
- Proof of your address at the time the notices were issued
If you appealed to the independent adjudicator, the adjudicator's service (such as the Traffic Penalty Tribunal or London Tribunals) can usually provide a record of your case.
Acting Quickly
Time matters in enforcement cases. Once bailiffs have been instructed, fees begin to accumulate. A compliance fee is added when the enforcement agent first contacts you, and further fees are added if they attend your property. Submitting a statutory declaration promptly can halt this process before costs escalate further.
If an enforcement agent has already visited or removed goods, the situation is more complex, but a statutory declaration may still be the right starting point. In serious cases, you may also need to consider applying for a stay of enforcement directly through the county court, but this is a separate and more involved process.
Getting Help With the Witnessing Requirement
Many people find the statutory declaration process straightforward once they know which form to use and what to say. The main practical difficulty is arranging the in-person witnessing appointment. Solicitors and Commissioners for Oaths can act as authorised witnesses, and some charge varying fees for this service.
Our service offers a fixed-fee appointment for £49, which covers booking and attending an in-person witnessing session with an authorised witness for your PE2, PE3, TE7, or TE9 form. This is not a statutory or legally fixed fee, simply what we charge for arranging and facilitating the appointment. We do not guarantee any particular outcome from the TEC, as each case depends on its own facts and the information you provide.
Taking the Next Step
If you believe enforcement has continued despite a payment or challenge you made, the most important thing you can do right now is identify which form applies to your situation and begin gathering your evidence. If you need help arranging a witnessing appointment or understanding which statutory declaration form is right for your case, get in touch with us and we will guide you through the process from start to finish.