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6. Stages of Progression of a Penalty Charge


PCN Issued by a Civil Enforcement Officer

PENALTY CHARGE NOTICE (PCN) ISSUED – PCN placed on the vehicle or handed to the person in charge
 
DISCOUNT PERIOD APPLIES – for the first 14 days the Penalty Charge can be paid at a 50% discount rate. The 14 days starts with the date the PCN is served.

CORRESPONDENCE IN DISCOUNT PERIOD – if we receive a letter from a motorist in the first 14-day discount period and decide not to cancel the charge, we will usually offer another opportunity to pay at the reduced rate. If the motorist does not take advantage of this second opportunity to pay at the discounted amount the opportunity to pay at the reduced amount will be lost.  

NOTICE TO OWNER (NtO) SERVED - a minimum of 30 days after a PCN has been issued, a Notice to Owner can be served on the keeper of the vehicle if the Penalty Charge remains unpaid. The NtO provides the keeper with an opportunity to pay the charge at the full rate or to make a formal representation to the Council on a number of grounds listed in section 8.3, or for any other reason. The council must consider the reasons and either cancel the NtO or issue a Notice of Rejection advising the keeper how to appeal to an independent adjudicator.   A motorist has 28 days from the date the NtO is served either to pay the charge or make a representation.

CHARGE CERTIFICATE (CC) SERVED – if after 28 days  there is
(a) no response to the NtO, (b) a notice of rejection is served and an appeal is not made, (c) an appeal has been lost and payment is not made, a Charge Certificate can be issued. The Charge Certificate adds 50% of the Penalty Charge to the outstanding amount and warns the keeper that the debt will be registered at the County Court if it is not paid within 14 days beginning with the date on which the CC is served.

REGISTRATION OF DEBT AT COUNTY COURT – if 14 days after the CC is served the penalty charge is still not paid, the Council can apply to have the debt registered and obtain a distress warrant to issue to a bailiff.  A £5 registration fee is added to the outstanding amount. The keeper will be notified that the debt is being registered and has an opportunity to apply to the court if the Notice to Owner was not received, if a representation was made and a notice of rejection was not received or an appeal was made and notification of the result was not received. However, once a warrant has been issued the bailiff will charge the debtor for the cost of recovering the debt and the charges will escalate significantly.   
 

 

 


Address: Guildford Borough Council, Millmead House, Millmead, Guildford, Surrey, GU2 4BB Telephone: 01483 505050