CPR 75 here....
75.3 (1) The authority
must file a request in the appropriate form
scheduling the amount claimed to be due.
authority must, in that request or in another manner
approved by the court officer
(i) that 14 days have elapsed since
service of the notice of the amount due;
date of such service;
(iii) the number of the
notice of the amount due; and
(iv) that the amount due
(b) specify the grounds (whether by
reference to the appropriate code or otherwise), as stated in
the notice, on which the authority
claims to be entitled to
claim that amount; and
(c) state –
(i) the name,
title and address of the respondent;
(ii) the registration
number of the vehicle concerned;
(iii) the authority's
address for service;
(iv) the court fee; and
other matters as required by the practice direction.
(3) On receipt of a
request that meets the requirements of paragraphs (1) and (2),
the court officer will order that the amount due may
recovered as if it were payable under a county court order by
sealing the request and returning it to the authority.
On receipt of a sealed request the authority may draw up an
order and must attach to it a form of statutory declaration for
(5) Within 14 days of receipt of
the sealed request, the authority must
serve the order (and the form of statutory declaration) on
the respondent in accordance with Part 6.
Where an order is served by first class post (or an alternative
service which provides for delivery on the next working day)
6.7 is modified so that the date of service will be
deemed to be the seventh day after the date on which the order
was sent to the
Functions of court
75.5 (1) The practice direction sets out circumstances in
which a court officer may exercise the functions of the court or
(2) Any party may request any decision
of a court officer to be reviewed by a district judge.
Such a request must be made within 14 days of service of the
75.7 (1) An authority seeking the issue of a warrant of
execution must file a request –
(a) certifying the
amount remaining due under the order;
(b) specifying the
date of service of the order on the respondent; and
certifying that the relevant period has elapsed.
court will seal the request and return it to the authority.
Within 7 days of the sealing of the request the authority must
prepare the warrant in the appropriate form.
(4) No payment
under a warrant will be made to the court.
(5) For the
purposes of execution a warrant will be valid for 12 months
beginning with the date of its issue.
(6) An authority may
not renew a warrant issued in accordance with this Part.
Revocation of order
75.8 Where, in accordance with any enactment, an order is
deemed to have been revoked following the filing of a
(a) the court will serve a
copy of the statutory declaration on the authority;
execution issued on the order will cease to have effect; and
(c) if appropriate, the authority must inform any bailiff
instructed to levy execution of the withdrawal of the warrant as
If an authority requests the transfer of proceedings to another
county court for enforcement, the request must –
where the authority has not attempted to enforce by execution,
give the reason why no such attempt was made;
that there has been no relevant return to the warrant of
(c) specify the date of service of the order on
the respondent; and
(d) certify that the relevant period has
Comment; when you file a
statutory declaration p2/p3 the PCN gets referred back to the
council, not revoked. It then gets any bailiff action
suspended during this period when the council accepts or
rejects the appeal, usually 20-25 days. If the council rejects
the appeal, then it goes to a TEC court officer to decide what
next, and he will usually accept the council's rejection and
reject the appeal. DURING this PERIOD it
is very IMPORTANT, that you are ready with the NEXT
statutory declaration N244, that requests TEC's decision
(part 2 of the form) to have the court
officer's decision SET ASIDE, ant then the case get
transferred to your local county court for a hearing. The N244
is free, usually in standard proceedings it costs £65.
and TEC are like logic gates, they are supposed to be impartial,
and decisions taken on strict facts, mitigating circumstances
have to be somewhat force majeure. When tested or examined for
bias, PATAS is found in the author's observance to be biased in
favour of the council, and arguments that say they are
independent usually are found from government or self promoting
advocates of the system that is a ring fence to an abattoir.
Mercy rarely exists in this scheme.
THE TRAFFIC ENFORCEMENT CENTRE
The Traffic Enforcement Centre (formally the Parking
Enforcement Centre) was established to put into effect
procedures, for dealing
with unpaid parking fines, bus lane
contravention’s, vehicle emission penalties, Congestion
Charging and Moving Contravention’s. The
TEC is based
at the County Court Bulk Centre and operates as apart of
Northampton County Court.
What happens before the
penalty charge/fixed penalty is registered?
stages occur before the charge is registered with TEC in the
case of parking and bus lane penalties:
1.A Penalty Charge
Notice would have been issued. This should have been paid or
appealed against as per instructions given on the notice.
Notice to Owner/Enforcement Notice/Penalty Charge Notice would
have been sent to the registered keeper of the vehicle
necessarily the driver at the time of the offence). This
amount should have been paid or disputed. Representations should
made in writing to the Local Authority and, if
appropriate, an appeal made to the Parking/Traffic
3.A Charge Certificate would have been issued 28
days after the penalty charge notice. The penalty charge is
increased by 50%. This
should have been paid to the Local
In the case of vehicle emissions, only a Fixed
Penalty Notice is issued to the vehicle driver. This should have
been paid or a hearing into the offence requested. If no action
is taken after 28 days, the penalty will increase.
penalty charge/fixed penalty notice still remains unpaid after a
further 14 days, the Local Authority may register it with the
to recover the outstanding amount under a county court
What should I do if I have already
paid the penalty charge/fixed penalty?
You must contact the Local
Authority with your proof of payment. If you do nothing the
Local Authority may attempt to recover the penalty charge/fixed
What should I do if I wish to contest the
At this stage for parking and bus lane
contravention’s there are only three grounds under which
the charge may be contested:
1.The Notice to
Owner/Enforcement Notice/Penalty Charge Notice was not
2.Formal representations against the Notice to
Owner/Enforcement Notice/Penalty Charge Notice have been made to
Authority within 28 days of the service of the
notice to owner/Enforcement Notice/Penalty Charge Notice but a
rejection notice has
not been received.
3.An appeal has
been made to the Parking/Traffic Adjudicator against the Local
Authority’s decision to reject the representation within
28 days of the service of the rejection notice but no response
has been received.
In the case of vehicle emissions only
two grounds are permissible:
1.The Fixed Penalty Notice has
not been received.
2.A request for the variation of the Fixed
Penalty has been made to the authority pursuant to Regulation 19
of the Road Traffic
(Vehicle Emissions) (Fixed Penalty)
(England) Regulations 2002, but you did not receive notification
that the Fixed Penalty had been
reduced or (as the case may
be) that your request had been refused nor of the amount that
If any of these apply you should file a
Statutory Declaration with TEC within 21 days from the date of
the Order of Recovery.
If your Penalty Charge is a London
Borough Parking Offence only one ground for appeal can be
indicated and the witness must
provide a full postal
If you wish to challenge the charge for any
other reason for example, you simply disagree with the rejection
of your representation you
should not make a Statutory
Declaration but should contact the Local Authority directly.
Where can my Statutory Declaration be sworn?
Statutory Declaration must be witnessed (sworn) by any of the
following before it can be accepted by the TEC:
officer appointed by the Judge to take affidavits. These can be
found at your Local County Court. No fee is payable for
2.A Justice of the Peace at any Magistrates
Court. You may have to pay a fee and should contact your Local
Magistrates Court for
or Commissioner for Oaths. You may have to pay a fee and should
contact the Solicitors office for details.
What happens if I file a valid
TEC will revoke the Order for
Recovery. This does not mean that the penalty charge/fixed
penalty has been cancelled. The Local
Authority may continue
the process; they will contact you if they intend to take any
What happens if I do not
If you do not file a valid Statutory Declaration
with TEC within 21 days of the date of the Order for Recovery,
the Local Authority
may enforce the charge by requesting a
warrant. When the warrant has been authorised by TEC, the Local
Authority will employ
certificated bailiffs to execute the
What should I do if the Bailiff has been
instructed and I wish to appeal?
Provided a Statutory
Declaration can be filed under one or more of the grounds and
there was a good reason why the Statutory
Declaration was not
filed earlier (within the 21 day time limit), you should contact
the TEC on 08457 045007 to request a Late
Declaration. This should be sent to the TEC and not the Local
Who do I pay?
You must send any payment
direct to the Local Authority. Any payments received by TEC will
be returned. If you have any queries
arrangements you must contact the Local Authority.
I find out if a warrant has been issued?
You may contact the
Local Authority or TEC to find out if a warrant has been
(If you contact TEC you must quote the penalty
charge/fixed penalty notice number. TEC is unable to trace your
case without it).
Who do I contact regarding Bailiff
As the Local Authority employs the bailiffs, any
queries must be addressed to the bailiffs or the Local
TEC cannot suspend or cancel any bailiff
Any complaints about the conduct of a bailiff
must be made to the county court that issued the certificate for
the bailiff and not the TEC.
Will the charge be
registered as a judgement?
Although the charge is registered
in the county court, the information is not held on the Register
of County Court Judgements.
cannot give you advice on points of law, but can send you form’s
and give you information about TEC procedures.
corresponding with TEC please ensure that the penalty
charge/fixed penalty notice number is quoted in full.
the function of anticipation and expectation.
reasoning with either the classic major & minor premises or
* The three laws of thought that render
judgments irrefutable in any time, world or space.
corresponding verification using matrix truth tables in the
calculus of logic.
* Judgments of subsumption and
* Scientific Methodology and its substrate of
necessary and sufficient conditions in nomic relationships.
Venn Diagrams and class concepts.
* Frege's 'Sense and
Reference', and Russel's 'On Denoting'.
* Newtons 1st
law of motion upgraded with the teleology of goal seeking
entities, and observations of their employment in what is best
described as the function of a goal and the critical path being
followed in a course of conduct, that includes the management of
personnel on a 'need to know' basis and precision manipulation
to permit the parties coming to the front and stating truthfully
they are 'NOT AWARE'.
* Widespread use of economy of truth,
and false emphasis in the art of 'suppression veri' and
* Cloaking assertions in the aforesaid
economies of truth, and providing the context that gives them
credibility and authority that is fallacious.
fallacies, plus a new set of fallacies of conduct observed in
widespread use, and underpinning 'spin'.
are also made to Heraclitus, theory of flux, Plato's forms, and
Aristotle's laws of thought, where the chrono topology of the
laws of thought is set outside the framework.
* And the more
objective correspondence theory that is intuitive in
Aristotle's definition of Truth as opposed to Russell's that is
* Unambiguous and unequivocal contextual
inferencing, a discipline that is not as far as the author can
used widely if at all.
It has its complexities and
relies on aggregates of conjunctive and disjunctive
propositions. Probably this is the more difficult to
understand, but is was many times, and in a cause in action
twice, to absolute precision in a determination, and
established as very reliable at a high level in the balance of
probabilities. Where possible, these will be explained in short
sentences that give greater insight.
The academia for these
expositions are not required by the reader at all, they are
stated as references, and will be referred to very briefly.
While this all sounds perhaps somewhat pretentious, I shall
depose two sentences that are exemplary of two of the
disciplines in use here, to show they are most certainly not
mere abstractions but that civilisation as we know it relies on
them entirely for their efficacy and pragmatic reliability.
Scientific methodology and the use of necessary and sufficient
and necessary conditions.
expressed as a conditional, easily understood in this simplest
of unqualified example.
there is one simple condition, or nomic relationship for the
existence of life, THEN,
presence of oxygen is necessary
for life, if and only if the
absence of oxygen is sufficient
for the absence of life.
there are more conditions, then substitute water for oxygen in
the above and you have two conditions or causes.
there are more, one may substitute vitamin D, and observe what
happens and discover that where it is absent then rickets
occurs and where present it does not, so that has determined a
cause of rickets, but not life. These principles are behind
medical aetiologies, and all nomic or causal relationships.
Truth and correspondence, theory much easier.
say of what is that it is
not, or of what is
not that it is, is
to say of what is that it
is, or of what is
not that it is not, is