What can happen if a Penalty Charge Notice (PCN) is not paid or appealed

If you do not pay or appeal to your Penalty Charge Notice (PCN), it will progress through the statutory PCN enforcement process. Each stage has set timeframes and legal notices that must be issued.

You normally have 28 days from the date the PCN was issued to either pay the charge or submit an appeal. 

Notice to Owner (NTO)

We will send a Notice to Owner to the registered keeper of the vehicle. This gives them an opportunity to either:

  • pay the charge
  • make a formal representation (formal appeal)

Charge Certificate

If no payment or formal representation is received after the Notice to Owner, a Charge Certificate will be issued. This increases the penalty by 50%  to £105.

If the Charge Certificate is not paid, the debt will be registered with the Traffic Enforcement Centre (TEC) at Northampton County Court. A statutory £10 court registration fee will be added.

Order for Recovery

Once the debt is registered, an Order for Recovery letter will be sent to the registered keeper.

At this stage, you can:

  • pay the full amount owed
  • submit a Witness Statement (form TE9) to TEC within 21 days on one of the following grounds:
    • you did not receive the Notice to Owner
    • you made representations within 28 days, but did not receive a response
    • you appealed to the Traffic Penalty Tribunal but have had no reply
    • the penalty charge has already been paid in full

Find contact details for the Traffic Enforcement Centre (TEC).

If no action is taken, Brighton & Hove City Council may pass the debt to a certified enforcement agent to recover.

It's a criminal offence to knowingly submit a false statement.

What happens after submitting a Witness Statement

TEC will acknowledge your application and notify Brighton & Hove City Council. Brighton & Hove City Council may provide evidence if we believe the statement is incorrect.

TEC will then issue a decision to both you and Brighton & Hove City Council.

Depending on the outcome, we'll either:

  • close the case if the PCN has already been paid
  • cancel the Charge Certificate and Order for Recovery; we may issue a new Notice to Owner so the case can restart from the correct stage
  • if TEC accepts a Witness Statement on grounds 2, 3 or 4, we'll resend a Notice to Owner - if no payment or formal representations are received within 14 days, the case will be referred to the Traffic Penalty Tribunal (TPT) for an independent decision

The adjudicator will decide whether the PCN should be cancelled or enforced.

Compliance Stage (Enforcement Agent Letter)

Where a case has been passed on to an enforcement agent, you must contact the appointed company directly to discuss the matter with them. Their contact details can be found on their website:

If the debt is passed to a certified enforcement agent, you will receive a Compliance Letter. 

You should contact the enforcement agent immediately using the phone number provided in the letter.

If the letter is addressed to someone who does not live at your address, contact the enforcement agent straight away and provide proof of occupancy (such as a Council Tax bill or tenancy agreement). The debt is with the person listed on the letter.