Enforcement process

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The measures you can take to challenge a PCN, and those we take to enforce payment, form a strictly defined legal process.

To learn about the rules that must be followed, and to assess your options at each stage of the process, please select the header that reflects your situation. Select the first option to review the process from the outset.

START

Choose an option: I have just received a Penalty Charge Notice (PCN); I have just received a Charge Certificate; I have just received an Order for Recovery; A bailiff has just contacted me

I have just received a Penalty Charge Notice (PCN)

This is the formal notification sent when our records show that a vehicle was photographed in the Congestion Charging zone and we have no record of payment of the Congestion Charge and it is neither exempt nor registered for a 100% discount.

You must not ignore the PCN even if you have paid the charge, are exempt or registered for a 100% discount. If you fail to either pay or make a Representation before the end of the period of 28 days beginning with the date of service of the PCN the next notice you receive will increase the full charge by 50%.

Choose an option: Pay PCN within the 14 day period; Pay PCN within the 28 day period; Make a Representation (appeal against the PCN); Do nothing

Pay PCN within the 14 day period

When issued, the PCN is £120. This is, however, discounted to £60 for prompt payment if paid before the end of the 14 day period beginning with the date of service of the PCN. If you are going to pay, do not delay. If you delay or are late in making payment then the amount due will increase.

Pay a PCN

Pay PCN within the 28 day period

Pay a PCN

Representations

A Representation is an opportunity for the registered keeper of a vehicle to challenge the PCN. It must be made in writing and sent to Congestion Charging, PO Box 2984, Coventry. CV7 8YR as detailed on the PCN. Please use the Representation section provided as part of the PCN. Please remember to enclose any supporting evidence. This will help in processing your Representation quickly.

You must make a Representation and ensure that is it is received before the end of the 28 day period beginning with the date of service of the PCN. If you write in 'late' or it is from a third party (without authorisation) then we do not have to consider the Representation and you could lose your right of appeal if you are unhappy with TfL's response.

When we receive your Representation, the PCN will be frozen at the relevant amount that is outstanding at that time. It will remain frozen until we have completed our investigation and responded to you. If your representation is received within the 14 day discount payment period and we reject your Representation you will again be offered the chance to pay at the discounted amount. You should therefore not delay in making your representation. Many Representations are rejected due to insufficient or no evidence being provided, including those who do not provide proof of payment of the charge or proof of sale of the vehicle. To ensure that we can accurately process your Representation do not forget to include as much information as you have.

There are 6 grounds for Representation and full details are available here. This includes details about the evidence we need to see.

When considering your Representation we determine whether you have met one of these six grounds. You may also explain any other circumstances not covered by these grounds and we will carefully consider these. We also give consideration to any mitigating circumstances. However, this is entirely at our discretion.

You should receive a response to your Representation within 28 days. If you have not, please contact the call centre on 0845 900 1234.

Possible outcomes: Rejected Representations; Accepted Representations

Rejected Representations

If we have rejected your Representation then all the facts have been carefully considered in addition to any mitigating circumstances and we have also carefully considered the application of our discretion. We will also issue you with a Notice of Rejection which will explain why we have rejected your Representation. In some cases we may ask you to provide additional evidence. If this is the case, then please follow the advice given in the Notice of Rejection.

You may now have three options:

Accept our decision and pay the PCN
Appeal to an Independent Adjudicator at the Parking and Traffic Appeals Service (PATAS). If you delay making your Appeal you may lose your right to pay the discounted sum. Full details will be included in the Notice of Rejection sent.
We may have asked you to provide additional information to support your Representation. If we have done so, please follow the directions given and, provide the required evidence within the time stated.

Choose an option: Appeal; Pay PCN; Do nothing

Accepted Representations

If a Representation is accepted, we always issue a Notice of Acceptance to the registered keeper to confirm that the representation in relation to that PCN has been accepted. Please read the Notice of Acceptance letter sent and follow any advice given as this will inform you why the PCN was issued and provide advice on how to avoid PCNs in the future.

Appeal

The Parking and Traffic Appeals Service (PATAS) is an independent body which acts as a tribunal service. Its decisions are final and binding on both you and TfL. TfL is independent from PATAS and cannot control its decisions.

To Appeal you need to complete the form sent with the Notice of Rejection. Do not send this to TfL but to the address shown on the form. You may choose either a personal or postal hearing. It may take some time for your Appeal to be heard. Please contact PATAS directly for further information and details about when your case will be heard.

Possible outcomes: Appeal allowed; Appeal refused

Appeal allowed

If your Appeal is successful it is recorded as 'allowed'. This means that either we have reconsidered the evidence and now decided not to contest the Appeal or that the Adjudicator has considered the facts and found in your favour. This will mean that you may no longer be liable for the PCN.

Appeal refused

This means that following consideration by the Adjudicator, the tribunal has found in TfL's favour. The Adjudicator will have listed the reasons why and given direction as to the amount that is owed and how quickly this must be paid.

Choose an option: Pay PCN; Do nothing

I have just received a Charge Certificate

Prior to receiving the Charge Certificate you should have received a PCN.

We may issue a Charge Certificate after 28 days if the PCN has not been either cancelled, paid in full, or been paid following a rejected Representation or a refused Appeal.

The Charge Certificate increases the amount owed by 50% of the original amount. If you did not pay or make a Representation, then you have lost your right to pay the original amount or to make a Representation.

We do not have to consider any representations received after a Charge Certificate has been issued. However, we will consider a late Representation if a valid reason is given for the delay.

If, however, you did not receive the PCN, or a response to your Representation or Appeal, you may make a Statutory Declaration.

Choose an option: Pay Charge Certificate; Make a Statutory Declaration; Do nothing

Charge Certificate

We may issue a Charge Certificate after 28 days if a PCN has not been either cancelled, paid in full, or has not been paid following a rejected Representation or a refused Appeal.

The Charge Certificate increases the amount owed by 50% of the original amount. If you have forgotten to pay or make a Representation then you have lost your right to pay at the original amount or to make a Representation.

We do not have to consider any representations once a charge certificate has been issued.

If, however, you did not receive the initial PCN, or a response to your Representation or Appeal, please read the details under Statutory Declarations.

Choose an option: Pay Charge Certificate; Make a Statutory Declaration; Do nothing

I have just received an Order for Recovery

Prior to receiving the Order for Recovery you should have received a PCN and Charge Certificate.

14 days after the service of the Charge Certificate, TfL may apply to the Traffic Enforcement Centre at Northampton County Court to register the penalty charge as an unpaid debt. You are then sent an Order for Recovery. This is not a County Court judgement and will not affect your credit rating.

On receipt of an Order for Recovery you should pay the increased amount within 21 days of the date of service of the Order for Recovery. If you fail to take action bailiffs will be instructed.

We do not have to consider any Representation you make at this stage. However, if you did not receive the PCN, or a response to your Representation or Appeal, you may make a Statutory Declaration.

Choose an option: Pay full amount; Make a Statutory Declaration; Do nothing

Order for Recovery

If you have still not paid the PCN then 14 days after the service of the Charge Certificate we may apply to the Traffic Enforcement Centre to register the penalty charge as an unpaid debt.

You will then be sent an Order for Recovery. This is not a County Court judgement and will not affect your credit rating.

You should either pay the increased amount (£155) or if applicable make a Statutory Declaration within 21 days of the date of service of the Order for Recovery.

If you fail to take action, this will result in Bailiffs being instructed.

Choose an option: Pay full amount; Make a Statutory Declaration; Do nothing

Make a Statutory Declaration

A Statutory Declaration is not a Representation or complaint. You may only make a Statutory Declaration if:

You did not receive the original PCN: This does NOT apply if you just forgot to pay it, mislaid it or forgot to make a Representation. If you did not receive the original PCN because you moved address, ensure your Statutory Declaration includes details of your new address.
You made a Representation but did not receive a reply: This only applies if you made a Representation within the time limit to the correct address as provided on the PCN and never received a response from us. It does NOT apply if you received a reply you disagreed with or if we refused to consider your Representation because it was late.
You made an Appeal to PATAS but did not receive a reply: As above this does not apply if you received a response but disagreed with it.

The Statutory Declaration is a sworn oath. You must accurately complete the form enclosed with the Order for Recovery. It must be signed by a commissioner of oaths (e.g. a solicitor), an officer of the County Court appointed by a Judge to take affidavits, or a Justice of the Peace (at any Magistrates Court).

There may be a cost for this but there is no charge if your signature is witnessed at a County Court.

Remember if it is not signed and witnessed, or it is outside the required timeframe as detailed on the form, or you do not make it on one of the three grounds, the Court may refuse your Statutory Declaration. Do not send your Statutory Declaration to TfL but to the Traffic Enforcement Centre (they will only deal with Statutory Declarations and cannot advise you on any other matters or take payment).

Remember the Statutory Declaration is NOT a chance to complain or challenge the reason why the PCN was issued.

Filing a false declaration knowingly and wilfully is a criminal offence under Section 5 of the Perjury Act 1911 and you may be imprisoned for up to 2 years or fined or both.

Possible outcomes: Accepted Statutory Declaration; Refused Statutory Declaration

Accepted Statutory Declaration

If your declaration is successful and accepted by the Traffic Enforcement Centre, it does not mean that the penalty charge has been cancelled.

Ground one

If it was made on ground 1, "that you did not receive the PCN", we will reissue the PCN at its original amount allowing you to pay or make a Representation.

Grounds two and three

If your Statutory Declaration was made on ground 2 or 3, "that you did not receive a response to either your Representation or Appeal", then we may refer the matter to an Independent Adjudicator. It does not automatically cancel the PCN. We will send you a copy of the evidence we are required to pass to the Parking and Traffic Appeals Service and they will then contact you about the hearing and its outcome.

Refused Statutory Declaration

If this Appeal is refused you will be notified and must abide by the Adjudicator's decision.

Choose an option: Pay Charge Certificate; Do nothing

A bailiff has just contacted me

Prior to being contacted by bailiffs you should have received a PCN, Charge Certificate and Order for Recovery.

Following the issue of an Order for Recovery, if the PCN is still unpaid, or a Statutory Declaration has not been made, we will ask the Traffic Enforcement Centre for a Warrant of Execution. This will be passed to a Bailiff to recover the monies owed. You are not sent a copy of the Warrant, but you may request a copy directly from the Bailiff.

The Bailiffs acting on behalf of TfL are all County Court Certificated and operate in accordance with governing legislation and TfL's contractual requirements.

A Bailiff is allowed to charge fees for every letter, visit and action they take.

Initially all our Bailiffs will write to you. Do not ignore this letter.

If you repeatedly ignore the Bailiff's communications their fees may run into many hundreds of pounds.

Once the case is with the Bailiff you have lost your right to make a Representation. However, if you believe the PCN was issued incorrectly please show any evidence to the Bailiff. They will advise you if there is anything that you can do but in most cases you must pay them.

Please note that Bailiffs are entitled to immobilise or remove your vehicle even if you only have one outstanding PCN.

Warrant Applied for and Bailiff Instructed

If the PCN is still unpaid or a Statutory Declaration has not been made, we will ask the Traffic Enforcement Centre for a Warrant of Execution and this will be passed to a Bailiff to recover the monies owed. You are not sent a copy of the Warrant. However you may request a copy directly from the Bailiff.

The Bailiffs acting on behalf of TfL are all County Court Certificated and operate in accordance with governing legislation and TfL's contractual requirements. A Bailiff is allowed to charge fees for every letter, visit and action they take. If you continue to ignore the Bailiff's communications, their fees may run into many hundreds of pounds. Initially all our Bailiffs will write to you.

Do not ignore this letter.

Pay PCN

Pay a PCN