See also Practice Direction
75
Part
75
TRAFFIC ENFORCEMENT
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Scope and interpretation
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75.1 |
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The practice direction supplementing
this Part –
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sets out the proceedings to which this Part
applies; and
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may apply this Part with modifications in
relation to any particular category of those proceedings.
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(Rule 21.1(1)(c)
provides that Part 21 (children and protected parties) does not apply to
proceedings under this Part where one of the parties is a
child.)
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| | (2)
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In this Part –
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‘the Centre’ means the Traffic
Enforcement Centre established under the direction of the Lord
Chancellor;
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‘no relevant return to the warrant’
means that –
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the bailiff has been unable to seize goods
because the bailiff
has been denied access to premises occupied by
the defendant or because the goods have been removed from those
premises;
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any goods seized under a warrant of
execution are insufficient to satisfy the debt and the cost of execution;
or
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the goods are insufficient to cover the
cost of their removal and sale;
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‘the 1993 Order’ means the
Enforcement of Road Traffic Debts Order 1993;
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‘relevant period’, in relation to any
particular case, means –
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the period allowed for serving a statutory
declaration or witness
statement under any enactment
which applies to that case; or
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where an enactment permits the court to
extend that period, the period as extended;
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‘specified debts’ means the debts specified in article 2 of the 1993 Order or treated as so specified by any
other enactment; and
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‘the authority’, ‘notice of the
amount due’, ‘order’ and ‘the respondent’ have
the meaning given by the practice direction supplementing
this Part.
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Text inserted and substituted in Rule 75.1(2)
w/e from 31 March 2008,
Text inserted into Rule 75.1 and into the parenthesis following
Rule 75.1(1)(b) w/e from 31 March 2008. |
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The centre
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75.2 |
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Proceedings to which this Part applies must be started
in the Centre.
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| | (2)
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For any purpose connected with the exercise of the
Centre's functions –
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the Centre is deemed to be
part of the office of the court whose name appears on the documents to which
the functions relate or in whose name the documents are issued; and
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any officer of the Centre, in exercising its
functions, is deemed to act as an officer of that court.
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| Text substituted in Rule 75.2(2)
w/e from 31 March 2008. |
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Request
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75.3 |
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The authority must file a request in the appropriate
form scheduling the amount claimed to be due.
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The authority must, in that request or in another
manner approved by the court officer
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certify –
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that 14 days have elapsed since service of
the notice of the amount due;
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the date of such service;
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the number of the notice of the amount due;
and
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that the amount due remains unpaid;
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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
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state –
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the name, title and address of the
respondent;
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the registration number of the vehicle
concerned;
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such other matters as required by the
practice direction supplementing
this Part.
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| | (3)
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On receipt of a request that meets the requirements of
paragraphs (1) and (2), the court officer will order that the amount due may be
recovered as if it were payable under a county court order by registering the request and
returning it to the authority.
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On receipt of a registered request the authority may
draw up the order and must –
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insert in the order the date by
which the respondent must either –
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comply with the order;
or
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file a statutory
declaration or witness statement; and
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Rule 75.3(6) amended
w/e from 6 April 2006,
Text inserted in Rule 75.3(2)
w/e from 31 March 2008,
Text substitited in Rule 75.3(3)
w/e from 31 March 2008,
Text substituted in Rule 75.3(4)
w/e from 31 March 2008,
Text substituted in Rule 75.3(5)
and Rule 75.3(6) deleted
w/e from 31 March 2008. |
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Electronic delivery of documents
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75.4 |
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Where the authority is required to file any document
other than the request, that requirement is satisfied if the information which
would be contained in the document is delivered in computer-readable
form.
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For the purposes of paragraph (1), information which
would be contained in a document relating to one case may be combined with
information of the same nature relating to another case.
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Where a document is required to be produced, that
requirement will be satisfied if a copy of the document is produced from
computer records.
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Functions of court officer
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75.5 |
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The practice direction supplementing
this Part sets out circumstances
in which a court officer may exercise the functions of the court or a district
judge.
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Any party may request any decision of a court officer
to be reviewed by a district judge.
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Such a request must be made within 14 days of service
of the decision.
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| Text inserted in Rule 75.5(1)
w/e from 31 March 2008. |
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Enforcement of orders
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75.6 |
Subject to the 1993 Order and this rule the following
rules apply to the enforcement of specified debts –
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(Rule 30.2 provides for the transfer between courts in
order to enforce a judgment.)
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| Text substituted in Rule 75.6
w/e from 31 March 2008. |
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Warrant of execution
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75.7 |
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An authority seeking the issue of a warrant of
execution must file a request –
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certifying the amount remaining due under the
order;
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specifying the date of service of the order on
the respondent; and
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The court will seal the request and return it to the
authority.
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Within 7 days of the sealing of the request the
authority must prepare the warrant in the appropriate form.
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No payment under a warrant will be made to the
court.
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For the purposes of execution a warrant will be valid
for 12 months beginning with the date of its issue.
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| | (6)
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An authority may not renew a warrant issued in
accordance with this Part.
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Revocation of order
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75.8 |
Where, in accordance with any enactment, an order is
deemed to have been revoked following the filing of a statutory declaration or
a witness statement
–
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the court will serve a copy of the statutory
declaration or witness
statement on the
authority;
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any execution issued on the order will cease to
have effect; and
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if appropriate, the authority must inform any
bailiff instructed to levy execution of the withdrawal of the warrant as soon
as possible.
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| Text inserted in Rule 75.8
w/e from 31 March 2008. |
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Transfer for enforcement
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75.9 |
Where
the authority requests the
transfer of proceedings to another county court for enforcement, the request
must –
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where the authority has not attempted to enforce
by execution, give the reason why no such attempt was made;
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certify that there has been no relevant return to
the warrant of execution;
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specify the date of service of the order on the
respondent; and
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| Text substituted in Rule 75.9
w/e from 31 March2008. |
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Further information required
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75.10 |
An application for –
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an attachment of earnings order;
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an order to obtain information from a
debtor;
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a third party debt order; or
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must, in addition to the requirements of Parts 71
or 73 or CCR Order 27 –
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where the authority has not attempted to
enforce by execution, give the reason
why no such attempt was
made;
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certify that there has been no relevant
return to the warrant of execution
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| | (iii)
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specify the date of service of the order on
the respondent; and
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| Text substituted in Rule 75.10
w/e from 31 March 2008. |
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Combining requests
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75.11 |
Where
the court officer allows, the
authority may combine information relating to different
orders against the same respondent in any request or application made under rules 75.9 or
75.10.
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| Text substituted in Rule 75.11
w/e from 31 March 2008. |