Author Topic: Bristol CAZ - order for recovery appeal deadline incorrect on letter OR on TEC system.  (Read 90 times)

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Hi everyone - looking for some advice on whether I can claim back costs for a review of a decision by TEC. Pretty confident that judge will agree I can file my statutory declaration our of time.

Here's the relevant timeline

- The Order for Recovery arrives 21 August with a date of 11 September by which I need to pay or appeal
- I fill in the TE9 form sent by the council to TEC by post.
- Post version returned - date stamped 8 Sept - saying it has been received out of time
- Call TEC who tell me that the form BCC sent has wrong date on it but not to worry, can apply out of time with TE7 and TE9
- Refile a TE7 and a TE9 by email. TE9 form from this address: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf
- Hear nothing
- Get Marstons after me
- Call TEC who say there was an issue which they tried to contact me about using completely different email - TE9 form is wrong version
- Fill in ANOTHER TE7 and TE9 explaining wrong form wrong email issue
- Application refused "Applicant hasn't provided an accepted proof or explanation why the statutory declaration was served late"
- Decide to bite bullet and get a review
- Call TEC for clarity on what review application should focus on
- TEC guy points out that his system says BCC registered order for recovery on 31 July. And that they have 14 days to get the Order for Recovery to me (they posted it on 21 August - I have them confirming that in their evidence) And that I then have 21 days from that 14th day to pay. Which is Sep 5th. So fact that date on form was wrong is bomb proof reason as to why statutory declaration was served late (my words, not his)
- Email BCC to see if in light of this they won't just use their discretion rather than have me pay money to have the application reviewed. Ask for them to confirm the date that they registered the debt with TEC
- No response and I need to get the N244 form in before the deadline of 21 May

So the question is: given that the cost of the review is £313 to get this heard at my nearest county court, is there a way that I can claim the costs back from the council if they are at fault? Or TEC if it turns out BCC did everything right and the date on their system is wrong? Even if it means going down the small claims route?

(And for colour: initial fine didn't arrive. when reminder did i looked online and images shown were not my car! obvs very keen to appeal so have been checking in with BCC on how and when I can do this - that have records of all the calls I made. For them to mess up with the date on the letter is super annoying...!)

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YOur best bet on this one is input from 'Tincombe' who has a courts background as I understand it. Costs would be recoverable from Bristol if you can prove it is their fault.

If they posted it on the 21st August, how did it arrive to you on the 21st August?

The court officer is correct - the Civil Procedure Rules (CPR) 75.3(5) requires service within 15 days from the date of registration, so as long as they posted it on or before the 13th August they appear to be in the clear.

The CPRs do not specify any consequence of late service, however at best you could get the OfR set aside and they would be free to reapply and reserve it, so it's not really a get out clause here
« Last Edit: May 13, 2026, 11:41:55 am by mdann52 »

OP, what do you have in writing?

I think you're mixing issues here i.e. the duties which fall to the council and those which fall to you. What counts as far as you're concerned is the submission date on the OfR..which we haven't seen.

If this stated 21 Sept. then you're entitled to rely upon this and providing your initial TE was in the correct form then IMO TEC should have accepted it as being in-time. You don't know, neither are you presumed to know, about 14 days etc..., your obligation is to comply with the OfR which on its face stated 21 Sept. Given the overriding objectives of fairness and disposing of matters efficiently, then irrespective of the council's failure and TEC's inability to override whatever automatic processes they might have, they were obliged to register your TE because any error is fair and squarely the council's, not yours.

Yes, you could have recovered the situation by submitting a TE within whatever additional time allowed by TEC(which in itself proves that flexibility does exist within the system) but this shouldn't have fallen to you.

All subject to you having evidence in support of your account, of course.

In similar vein, can we just SEE some documents please
« Last Edit: May 13, 2026, 06:54:22 pm by Neil B »

Hi everyone - looking for some advice on whether I can claim back costs for a review of a decision by TEC.

So the question is: given that the cost of the review is £313

The fee of £313 is for a hearing 'in person' in court. TEC are looking at removing this right so unsure whether it has taken effect yet. Almost certainly you should be considering an N244 Application to review WITHOUT a hearing. The court fee is £123.

From many years of knowledge of Out of Time and N244 Applications, I don't know of even ONE case where a claim for costs has been granted.

Bailiff Advice Online

Hi everyone - looking for some advice on whether I can claim back costs for a review of a decision by TEC.

Here's the relevant timeline

The Order for Recovery arrives 21 August with a date of 11 September by which I need to pay or appeal

I fill in the TE9 form sent by the council to TEC by post.


Refile a TE7 and a TE9 by email.

TE9 form from this address: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf

First mistake was in sending your Witness Statement (Form TE9)to TEC by POST. This is a 'time sensitive' document and should ALWAYS be sent to the Traffic Enforcement Centre by email. It would then have arrives at TEC 'within time'.

As difficult as it is to believe, the Traffic Enforcement Centre have TWO different forms TE9. One is referred to by TEC as being the 'short form' (in that it has 4 boxes), with the other TE9 (referred to a the long form) having 6 boxes.

For a Bristol CAZ, you should have used the TE9 with 6 boxes.

I receive many hundreds of enquiries about the wrong forms being used. ChatGPT, Claude etc, do not help as they continue to give out the wrong information on these forms.

Bailiff Advice Online

Thank you SO MUCH to everyone who has responded. Here's the order for recovery showing the date of Sep 11, the letter from TEC saying it was received out of time with the date stamp on the second page of 8 Sep, and BCCs evidence in their response to TEC which shows how I called them three times to make sure I got the right of appeal and on the second page, them saying tyhat they posted the letter on the 21st August. And apologies a)for not uploading docs as part of my original post and b)for the carpet!














« Last Edit: Today at 09:48:41 pm by Faye G »

Hi everyone - looking for some advice on whether I can claim back costs for a review of a decision by TEC.

Here's the relevant timeline

The Order for Recovery arrives 21 August with a date of 11 September by which I need to pay or appeal

I fill in the TE9 form sent by the council to TEC by post.


Refile a TE7 and a TE9 by email.

TE9 form from this address: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf

First mistake was in sending your Witness Statement (Form TE9)to TEC by POST. This is a 'time sensitive' document and should ALWAYS be sent to the Traffic Enforcement Centre by email. It would then have arrives at TEC 'within time'.

As difficult as it is to believe, the Traffic Enforcement Centre have TWO different forms TE9. One is referred to by TEC as being the 'short form' (in that it has 4 boxes), with the other TE9 (referred to a the long form) having 6 boxes.

For a Bristol CAZ, you should have used the TE9 with 6 boxes.

I receive many hundreds of enquiries about the wrong forms being used. ChatGPT, Claude etc, do not help as they continue to give out the wrong information on these forms.

Bailiff Advice Online

it did arrive in time! The date on the order for recovery was September 11. It arrived at TEc on September 8!