Free Traffic Legal Advice

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

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.

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.

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: https://drive.google.com/file/d/1WOx2BB-m9CM4xfPf7bae6zoqD8YGM0Cb/view
                                   https://drive.google.com/file/d/1ohGI8UKRjoEpBood11vSwplUYKXXdHfN/view

Car Image on the Website         : https://drive.google.com/file/d/1Fn7YItr_nC7DNja4BcpwaD7vevxNvzbf/view


OfR                              : https://drive.google.com/file/d/1_jlvGrOh2OehAiQKsRUEwqd3-l4FCzhB/view
                                   https://drive.google.com/file/d/15lFt8uVxhLvym_iAyQoxnOGKb1s5e8-X/view

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!

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.

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.

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 the owner, it's a simple tick box on the TE9 to get back to the NTO stage, and I think you can do it by email.

Thank you so much for your time.
I emailed the witness statement and have received the acknowledgement.