At this point, all appeal routes have been exhausted and we will need to recover the outstanding balance. It is at this time that we will apply to the Traffic Enforcement Centre (TEC), which is part of the Northampton County Court Bulk Centre.
The Traffic Enforcement Centre was established to allow local authorities to register penalty charge notices, (including Dart Charges, TfL congestion charges/Ultra Low Emissions, Merseyflow etc) that remain unpaid 14 days after the issue of a Charge Certificate. The Traffic Enforcement Centre also authorise the issue of Warrants of Control and process Out of Time Witness Statements/Statutory Declarations.
If after 14 days of a Charge Certificate being served the penalty charge is still not paid, the enforcement authority may register it as a debt at the Traffic Enforcement Centre. This process will start with the Traffic Enforcement Centre authorising the relevant authority to issue an Order for Recovery of unpaid Penalty Charge. This will be served upon the motorist together with a Witness Statement.
The Witness Statement cannot be used to make a representation or complaint. It is an application to the Traffic Enforcement Centre (TEC) to ask them to revoke the registration of the penalty charge (the Order for Recovery) on one of the grounds listed on the Order for Recovery. It does not cancel the penalty charge. There are a few limited grounds for the debtor to file a witness statement to the courts:
- the debtor did not receive the PCN/ Notice to Owner
- the debtor made a representation to the Council but did not receive a response.
- the debtor appealed against the Local Authority decision but did not receive a response.
- the PCN has been paid in full.
The court charges us £9 per PCN to be registered. The charge is added to the outstanding debt owed by the debtor. It is important to note that debts registered by the Traffic Enforcement Centre are not County Court Judgements, and the debtor's credit score is not affected.
Warrants of Control
If after a period of 21 days, a completed Witness Statement has not been received at the Traffic Enforcement Centre or, the PCN remains unpaid, the local authority may request permission from the Traffic Enforcement Centre for a warrant of control to be issued. The warrant will then be passed to an enforcement agency to enforce.
The Taking Control of Goods Regulations 2013 replaced the term “bailiff” with “enforcement agent”.
The Taking Control of Goods (Fees) Regulations 2014 made the charging process a lot simpler and has only three stages. The fees charged are set out under these regulations and must be strictly adhered to.
The below chart shows the number of debts and warrants registered with the Traffic Enforcement Centre for the 2022/2023 period. If a debt is registered and remains uncontested and unpaid, we will apply to have a warrant of control issued for the outstanding balance.
Debts and Warrants registered at TEC 2022/2023
On-street
Debt: 1761
Warrant: 1521
Off-street
Debt: 458
Off-street: 403
Compliance stage
At this stage, the warrant is with an enforcement agency but has not yet been passed to an enforcement agent. The agency will attempt to contact the debtor at this stage via all possible means of communication to attempt to get the debt settled. A letter is sent to the debtor advising they have been served with a warrant and the debt is now being managed by the enforcement agency. Notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent attends the debtor’s property and potentially takes control of the debtor’s goods.
An important element of the compliance stage is trying to encourage the debtor to engage with the enforcement agency. It is recognised that some individuals may be suffering from financial difficulties and both of our enforcement agencies work to signpost individuals to agencies for help. We also have a committed Welfare team to help a debtor in financial difficulties or in a vulnerable situation.
A fixed fee of £75 will be added to the debt at this stage.
Enforcement stage
If the debt is not paid during the compliance stage, the warrant is passed to an enforcement agent who is certified by the Court to enforce the debt. The Enforcement Agent will visit the property in an attempt to meet with the debtor. Regardless of whether assets are seized during this visit, the enforcement fee remains the same.
A fixed fee of £235 will be added to the debt at this stage.
Sale or disposal stage
On rare occasions, the Enforcement Agent will make arrangements and have any seized assets removed. The debtor may pay the full balance outstanding to have their assets returned, or alternatively, the assets may be sold at auction to cover the debt. Any surplus monies will be returned to the debtor. Any removed items are stored for 7 days, prior to being sold at auction.
A fixed fee of £110 will be added to the debt at this stage, along with any storage and auctioneers’ costs.
Enforcement stage vs fixed fees
Enforcement stage
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Fixed fees
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Compliance
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Original PCN charge + £9 registration charge + £75 compliance stage fee.
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Enforcement
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Original PCN charge + £9 registration charge + £75 compliance fee + £235 enforcement stage fee.
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Sale or disposal
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Original PCN charge + £9 registration charge + £75 compliance fee + £235 enforcement fee + Sale or Disposal fee of £100 + any other reasonable charges (storage or auctioneers fees).
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Over the 2022-2023 period, we registered 2222 unpaid PCN’s to the Court for registration and 1,918 to our enforcement partners.
A Warrant of Control lasts 366 days from the date of issue, which can occasionally be extended if the debtor enters into an arrangement.
Number of warrants passed to enforcement agents 2022/2023
April 2022
Jacobs: 40
Marston: 49
May 2022
Jacobs: 69
Marston: 58
June 2022
Jacobs: 87
Marston: 73
July 2022
Jacobs: 111
Marston: 63
August 2022
Jacobs: 76
Marston: 57
September 2022
Jacobs: 93
Marston: 74
October 2022
Jacobs: 113
Marston: 96
November 2022
Jacobs: 109
Marston: 89
December 2022
Jacobs: 102
Marston: 64
January 2023
Jacobs: 88
Marston: 71
February 2023
Jacobs: 88
Marston: 48
March 2023
Jacobs: 117
Marston: 83
Value collected by enforcement agents
Jacobs: 23.31
Marston: 22.27