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Charge Certificate Process
These are the enforcement steps for the charge certificate issued after a penalty charge notice. Read our guide to understand how to get it cancelled. All you have to do is wait for the order for recovery and send a witness statement within 21 days.
A charge certificate is issued to the vehicle keeper, this gives the keeper 14 days to pay the charge. If payment is not made, the council can register the debt with the court.
The penalty charge notice is registered with the TEC as a debt, this does not affect your credit history in any way. You will receive the letter in Step 3 once the TEC have processed the request.
- An order for recovery is sent to bailiffs instructing them to recover the money owed.
- If you sent a witness statement within 21 days of the order for recovery, the order for recovery is cancelled automatically
- The council will then re-issue the penalty charge to be paid
- If the order for recovery is not challenged within 21 days, bailiffs will be involved and start pursuing payment.
- At this stage, you should read about bailiff enforcement to understand your options.
How to Resolve a charge certificate?
A Charge Certificate is issued by the local council because a penalty charge notice is still outstanding and one of the reasons below applies. At this stage, you can no longer appeal the charge certificate, but you have options to pay the lower amount. For example, its possible to pay £65 for a £195 Charge Certificate if you follow our tips. The reasons for receiving a charge certificate are:
You have two opportunities to either get the charge certificate cancelled or for you to pay the lower amount of £65 – £130 for higher rate PCN’s. If you wait for the order for recovery, here is how to do it. You can write to the council and or wait for the order for recovery and challenge it formally.
Key Laws for Charge Certificates
Frequently Asked Questions
Can you appeal a Charge Certificate ?
The council will often refuse appeals at this stage. You can however appeal to the tribunal if you received a notice of rejection but could not send your appeal on time.
You should however wait for an order for recovery, if any of the following apply:
- If you did not receive the penalty charge notice,
- made payment or
- are waiting for an appeal outcome from the council or tribunal, wait for the order for recovery.
If your appeal is still in progress
If your appeal is still in progress, receiving a charge certificate is deemed an abuse of process and is a procedural error. If you receive a charge certificate, notify the council or tribunal and inform them of the procedural error. The council will often withdraw the appeal or the adjudicator will allow the appeal.
If you did not receive the PCN?
You should inform the council via the appeal page immediately. Wait for an order for recovery.
Can you get it cancelled ?
Yes, you can get a charge certificate cancelled by simply sending a witness statement to the TEC within 21 days or receiving the order for recovery.