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#Post#: 93547--------------------------------------------------
Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: Learner1
Date: October 9, 2025, 6:13 pm
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Dear All
Good evening
Form TE3 with TE9 received a couple of days ago.
Applicant: Westminster City Council
Upon checking PCN details on their website, it states that the
alleged contravention was 12r-Residents Permit holders only.
Served by: Handed to the Driver
RK never received this PCN, nor was it attached to the car at
that time.
Would filing a witness statement by the respondent stating that
they hadn't received the PCN be helpful in this scenario, or
would this not be applicable in this case?
Any guidance and help would be greatly appreciated.
Thank you so much
#Post#: 93558--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: fraser.mitchell
Date: October 10, 2025, 3:34 am
---------------------------------------------------------
Is this post about you and your car, or for somebody else ?
If it's you, then you have missed the following statutory
documents: -
- Notice to Owner
- Charge Certificate
Cases like this normally centre on the name and address on the
V5C Registration Certificate for the vehicle. Yet you have
received the Order for Recovery. So is the name and address on
the OfR correct in all respects. Have you moved house since the
date of the PCN ?
#Post#: 93566--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: H C Andersen
Date: October 10, 2025, 4:33 am
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If the OfR is addressed to you by name then you MUST submit the
Witness Statement in time. Otherwise whoever is the addressee
must act.
Why you are where you are is not priority at present, it's that
you are where you are with an OfR which if submitted in time
would mean that you go back to square 1.
Time is not your friend and 'Form TE3 with TE9 received a couple
of days ago.' is too vague.
Post the OfR pl, just delete your details.
#Post#: 93708--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: Learner1
Date: October 11, 2025, 10:33 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> Is this post about you and your car, or for somebody else ?
>
> If it's you, then you have missed the following statutory
documents: -
>
> - Notice to Owner
> - Charge Certificate
>
> Cases like this normally centre on the name and address on the
V5C Registration Certificate for the vehicle. Yet you have
received the Order for Recovery. So is the name and address on
the OfR correct in all respects. Have you moved house since the
date of the PCN ?
>
--- End Quote ---
Thank you so much for the response.
Yes, it's about me, and I am the RK.
I don't recall receiving a Notice to Owner or I might have
missed it due to being away on a holiday.The letter before OfR,I
received was from Marston Recovery asking for the payment or a
debt will be regitered.Should I consider this as a Charge
Certificate?
No,I havent changed the address since the date of the PCN.
Letter before OfR :
HTML https://drive.google.com/file/d/1vOXaYFi5g81Ol_j4JP1DcBumUKYWqkva/view
HTML https://drive.google.com/file/d/1MV1sQh0uw7P5T5Io8tFOhmG4IFLt3I7E/view
#Post#: 93710--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: Learner1
Date: October 11, 2025, 10:52 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> If the OfR is addressed to you by name then you MUST submit
the Witness Statement in time. Otherwise whoever is the
addressee must act.
>
> Why you are where you are is not priority at present, it's
that you are where you are with an OfR which if submitted in
time would mean that you go back to square 1.
>
> Time is not your friend and 'Form TE3 with TE9 received a
couple of days ago.' is too vague.
>
> Post the OfR pl, just delete your details.
>
--- End Quote ---
Thank you so much for your response.
In the witness statement, would the option 'I did not receive
the Notice to Owner/Penalty Charge Notice(Parking
Contravention)' still be valid in my situation?
PCN's record on the Westminster Website says it was 'handed to
owner. Not sure who they handed over to, as when I returned to
the car, there was no PCN attached to it.
PCN record on Westminster Website:
HTML https://drive.google.com/file/d/1WOx2BB-m9CM4xfPf7bae6zoqD8YGM0Cb/view
HTML https://drive.google.com/file/d/1ohGI8UKRjoEpBood11vSwplUYKXXdHfN/view
Car Image on the Website :
HTML https://drive.google.com/file/d/1Fn7YItr_nC7DNja4BcpwaD7vevxNvzbf/view
OfR :
HTML https://drive.google.com/file/d/1_jlvGrOh2OehAiQKsRUEwqd3-l4FCzhB/view
HTML https://drive.google.com/file/d/15lFt8uVxhLvym_iAyQoxnOGKb1s5e8-X/view
#Post#: 93719--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: stamfordman
Date: October 11, 2025, 12:13 pm
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From what I can see you got a threat letter from Marstons
chasing the charge certificate - we've seen this before.
Are the name and address on this letter correct?
If you genuinely didn't get the notice to owner it's a simple
tick box on the TE9 to get back to NTO stage and I think you can
do it by email.
#Post#: 93735--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: H C Andersen
Date: October 11, 2025, 2:17 pm
---------------------------------------------------------
OP, I can see that you're confused. Who wouldn't be with such a
poorly worded OfR.
PCN in this context refers to one served by post - in parking
jargon a 'regulation 10' PCN - and not one served by
hand/affixed to a car, which applies to you.
Your grounds are that, in the words of your OfR, you did not
receive the Notice to Owner/PCN.
The wording should be 'did not receive the enforcement notice',
but what the hell, the council might get round to changing their
wording one day, or not!
#Post#: 93766--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: fraser.mitchell
Date: October 11, 2025, 6:11 pm
---------------------------------------------------------
Please post up all of the threatening letter from Marstons; you
have left off the top part. This could be regarded as an illegal
demand for money, as there is nothing in the enforcement process
for letters like this.
In the meantime, submit your Witness Statement with the box for
"I did not receive the Penalty Charge Notice"
Remember when filling in the TE9, if you look at the TE3, the
"Applicant" is Westminster Council not you.
#Post#: 93775--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: Learner1
Date: October 11, 2025, 8:18 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> Please post up all of the threatening letter from Marstons;
you have left off the top part. This could be regarded as an
illegal demand for money, as there is nothing in the enforcement
process for letters like this.
>
> In the meantime, submit your Witness Statement with the box
for "I did not receive the Penalty Charge Notice"
> Remember when filling in the TE9, if you look at the TE3, the
"Applicant" is Westminster Council not you.
>
--- End Quote ---
Thank you so much for the guidance.
I think this is the only letter I had from them.
While I was away on holiday, they have been calling almost every
day for the whole week,number appeared as spam. When I arrived
back and listened to their voicemails, nothing was there, but
only automated voice messages that Marston Holdings tried to
call. Quite annoying
I emailed Witness Statemnt using TE9 form that came along with
Form TE3.
Yes, applicant was Wesminster City Council also the rest of the
basic details were already filled.I just completed Respondent
section.
Acknowledgement email received.
#Post#: 93776--------------------------------------------------
Re: Form TE3, Order for recovery of unpaid penalty
charge(Parking)-Wesminster Council
DIR By: Learner1
Date: October 11, 2025, 8:24 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> OP, I can see that you're confused. Who wouldn't be with such
a poorly worded OfR.
>
> PCN in this context refers to one served by post - in parking
jargon a 'regulation 10' PCN - and not one served by
hand/affixed to a car, which applies to you.
>
> Your grounds are that, in the words of your OfR, you did not
receive the Notice to Owner/PCN.
>
> The wording should be 'did not receive the enforcement
notice', but what the hell, the council might get round to
changing their wording one day, or not!
>
--- End Quote ---
Thank you for the thorough explanation. I noticed on the back of
the OfR that it also says 'Notice to owner', so I know for next
time.
I have emailed Form TE9 and have received the acknowledgement.
Hopefully, this will go back to square 1.
Thank you again for your help; I appreciate the time you took to
assist me.
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