Frequently Asked Questions

COUNTY COURT WARRANTS OF EXECUTION ROAD TRAFFIC PART II DEBTS

GENERAL INFORMATION & FAQ

The information provided below is for general guidance only and answers some of the most frequently asked queries. It is not legal advice. If you are in any doubt to your position then you should seek the assistance of a Solicitor, Citizens Advice Bureau, Legal Advice Centre or similar. Remember, you only have a limited time to make payment.

I was not the driver/registered keeper at the time of the contravention

The registered keeper according to the DVLA records at the time of the contravention is liable for the penalty charge despite the fact they may not have been the driver. There is no provision to transfer this liability to the driver even if they admit being in charge of the vehicle at the time.

I have not received notice of this

Following issue of the penalty charge notice, the local authority makes application to the DVLA for the registered keepers details. The keeper, is then sent a Notice to Owner, a Charge Certificate and finally an Order for Recovery. The matter is then registered as a debt in the Northampton County Court, Traffic Enforcement Centre and a Warrant is authorised. The Applicant Authority have served all notices as they are required to by the Road Traffic Act and London Local Authorities Act by post and they do not require personal service of documents.

I sold or transferred the vehicle

When the Notice to Owner, or in the instance of a CCTV contravention the Enforcement Notice, is sent it allows representations to be made to the Authority. If you fail to make representations within the time allowed then you loose the opportunity to do so and remain liable. As the registered keeper of a vehicle you are required to respond to any statutory notice sent to you in order to discharge liability.

I have a letter from the DVLA confirming a keeper change

If the registered keeper notifies the DVLA of a change, they will backdate the change but this will not discharge for liability for any contravention that you have been sent a Notice to Owner to previously. In order to discharge liability you must respond to any statutory notices sent to you within the time allowed by law. At this stage the Authority have proceeded and you must make payment.

I want to make an appeal against the charge

The Authority will consider representations for any of the statutory grounds only within 28 days of the Notice to Owner (or Enforcement Notice if a CCTV captured contravention). Additionally the Order for Recovery sent to you allowed you to make application to the Court should you have not received it. At this stage the Local Authority will not consider representations and the time allowed to file a statutory declaration has expired.

I made payment but there have been additional amounts added

When a penalty is issued you have 14 days to make payment and receive a discount of 50% on the charge. If you fail to make payment in that time then the total remains the full penalty. Once the local authority issue a charge certificate the amount increases by another 50% and finally when an Order for Recovery is issued then court costs of £5 apply. If you make payment of a smaller amount than is due then the Authority will still continue for the balance.
 
You are also liable for the Bailiffs costs in accordance with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations. At each stage of enforcement costs escalate and you are advised to settle the amount due as soon as possible.

I cannot afford to pay this

The Warrant of Execution authorised against you has not been issued based on your ability to pay and is a fixed charge. We may still be able to enter into a short-term arrangement with you to assist with any financial hardship and it is important that you discuss this as soon as possible. The Bailiffs are under no obligation to accept any arrangement at all and at some stages of enforcement no arrangement may be possible. You are advised to contact the Bailiffs as quickly as possible so that further costs are not added.

I have made an offer of payment but this has been rejected

We are only able to enter into payment arrangements on a short term basis and are under no obligation to do so. Whilst we will assist as much as we are able we cannot accept all offers of payment. If you wish to enter into an arrangement you should contact our office and speak to an Enforcement Officer who will be pleased to assist. At some stages of enforcement, once the Bailiff has the Warrant to enforce for example, we cannot enter into any arrangement and you must deal with the Bailiff directly.

I am not going to pay

If you fail to make payment the Court has authorised a Warrant which empowers the County Court Bailiff to seize and remove your goods, to the value of the debt and additional Bailiffs costs, and sell them by public auction to recover the sum due.
 
In the event your goods are removed and sold then you will receive a copy of the statement from the auctioneers, together with a closing statement of account. If there is any surplus of funds from the sale then you will additionally receive a cheque payment. You should be aware that goods raise approximately 10% of the retail value at auction which is the only manner permitted for sale at law.

Why is there a credit or debit card surcharge ?

We are charged a surcharge by our merchant services provider for accepting card payments and this charge may be passed to the card holder in accordance with the Credit Cards Discrimination Order. This is currently 5% of the total due for credit cards or alternatively a single fee of £1 in case of debit cards.
 
If you not wish to pay such a surcharge then payment should be made by alternative means such as cash (if not collected by the bailiff sent recorded or special delivery only), bankers draft, building society cheque or postal orders. Personal and company cheques may only be accepted prior to the Bailiff calling and at our discretion.