EJO enforcement — NI Order for Recovery filed without statutory pre-conditions
Unlike England (TEC / TEs) DfI debt enforcement in NI is via the Enforcement of Judgments Office (EJO) under the Judgments Enforcement (NI) Order 1981, after first obtaining a money judgment in the County Court for Northern Ireland. DfI cannot leap from Charge Certificate to bailiff/HCEO action; a court judgment is needed. PCN debtors faced with bailiff action must check that a County Court judgment was obtained and that EJO certification followed.
Legal basis
Judgments Enforcement (Northern Ireland) Order 1981 (SI 1981/226 (NI 6)); Traffic Management (NI) Order 2005 Sched 1; County Courts (NI) Order 1980
How to identify this in your case
Demand the County Court judgment number and EJO Certificate of Money Judgment. If absent, no lawful enforcement.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] — purported enforcement action In Northern Ireland, civil PCN debt is enforceable only after a County Court money judgment and certification by the Enforcement of Judgments Office under the Judgments Enforcement (NI) Order 1981. Please supply (a) the case number and date of the County Court judgment, and (b) the EJO Certificate. In default of these documents any bailiff or third-party enforcement action is unlawful and I will report it to the EJO and seek damages for trespass to goods. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
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Scan my ticketSources
- legislation.gov.uk/nisi/1981/226
- legislation.gov.uk/nisi/2005/1964
- courtsni.gov.uk