Penalty charge notice discretionary policy

What happens if the PCN remains unpaid?

Charge Certificate (CC)

If the PCN is not paid or appealed within 28 days of getting the NoR, we send a CC. This increases the fine by 50%.

  • so, a £70 fine becomes £105
  • a £50 fine becomes £75

The fine cannot be challenged once the Charge Certificate is issued.

If the fine is not paid within 14 days of getting the CC, we will take further enforcement action

Debt registration at County Court

After the 14-day deadline and the fine remains unpaid, we will register the debt at the County Court. This adds a £11 fee onto the charge.

Notice of debt registration (TE3/TE9)

We'll send two forms to the registered keeper of the vehicle:

  • TE3 (Order for Recovery)
  • TE9 (Witness Statement form)

These forms explain that the penalty has now become a civil debt and give you 21 days to respond.

You can fill out the TE9 form (the witness statement) if any of the following apply:

  • you didn't receive the NtO
  • you sent formal representations but didn't get a response NoR
  • you appealed to the adjudicator but haven't heard back
  • you've already paid the penalty in full

If the TE9 form isn't completed and returned within 21 days, the case will move to the next stage, and a warrant may be issued for enforcement.

Application to file witness statement out of time (Form N244)

If the 21-day deadline has passed, a witness statement may still be submitted using a different form called N244. This form asks the County Court to consider why the response was late. A court fee is usually required unless the registered keeper qualifies for help with costs.

The court doesn't automatically accept late applications. It depends on how strong your explanation is and what evidence you provide.

We will continue enforcement unless the court agrees to pause the process. This is called a stay of proceedings.

Transfer of a case to enforcement agency

If the PCN still isn't paid after the County Court deadline:

  • we will issue a warrant of execution, and
  • we will pass the case to an Enforcement Agency (EA)

The EA will then take over collecting the debt. This could include visiting the registered keeper's home to either:

  • collect payment
  • take goods to cover the cost

The EA will add extra fees (determined by them) to the total amount owed, making the debt even higher.

At this point, the registered keeper must either:

  1. Pay the full amount.
  2. Agree a payment plan with the EA.

If they don't, we may take further enforcement action.

We expect all EA's working on our behalf to act professionally and fairly. Each EA provides a complaints process. If you have concerns about how an EA has acted, please contact them directly.

Marston Group

Newlyn Plc

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