Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ZAtoUK on June 09, 2025, 05:59:07 pm
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West Berkshire Council confirmed that the Order for Recovery (OFR) was sent to my old address on 7 April 2025, based on DVLA V5C data received on 23 January 2025. However, when the warrant of control was granted on 03/06/2025, Bristow & Sutor issued the Notice of Enforcement (NoE) to my new address on 06/06/2025, indicating that the enforcement agent had traced and corrected the address.
This confirms the council issued all statutory notices (PCN, NTO, Charge Certificate, and OFR) to an outdated address, based on old keeper information. Yet by the time enforcement began, they were aware that the address was no longer valid and had acted on the updated details.
Suppose TEC rejects my TE7 due to a council objection. The authority accepted that the original address was incorrect, but only updated it once the case reached enforcement.
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Not sure how helpful, but it seems you are on the right lines with your thoughts.
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Warrant issued 3 June(presumably to address B otherwise the enforcement agent had no power to issue a Notice of Enforcement, as they did,..
NoE issued 6 June addressed to address B;
All previous notices issued by the authority were to address A.
The authority obtained an initial warrant in respect of address A, but were notified by their enforcement agents(who had carried out a subsequent trace) that your correct address was B;
The authority were aware that address A was not an address for service and therefore not one where a warrant could be executed which is why they requested a modification prior to the Notice of Enforcement being issued.
It would be contrary to the authority's public law duty to act fairly and reasonably to contest your application to submit a WS out of time.
In my opinion.
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Thanks, I’ve paid the amount to avoid any further enforcement action, and I still plan to submit the OOT.
The Notice of Enforcement arrived by post at my current address, correctly addressed to me. It wasn’t redirected, so I believe the enforcement agency may have done a trace.
I had contacted West Berkshire by email shortly after the PCN was issued, stating my intention to appeal and that I would wait for the formal Notice to Owner. At the time, my driver’s licence address with the DVLA had been updated, but I hadn’t realised the V5C logbook needed to be updated separately. As a result, their notices were sent to the previous address.
Appreciate the guidance so far.
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IMO, pay the sum demanded.
Why?
Because you can still submit your OOT, paying has no effect on TEC's deliberations.
And, if you submit an unsuccessful OOT the bailiffs may visit and increase the debt by £235.
Butif your OOT succeeds, you get your money back and the process reverts to the NTO stage.
So paying caps your liability.
Pl explain:
Today (12 June), I received a Notice of Enforcement at my current address.
By hand or by post? Is it addressed to you by name at your current address or has it been redirected?
By the way, how did you make your initial, unsuccessful, reps? According to you, you must have done so without giving your postal address for their reply. Or did you and did the authority ignore this and send the NTO to the DVLA address?
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Today (12 June), I received a Notice of Enforcement at my current address. This is the first letter that has reached me. It’s dated 6 June 2025 and confirms a Warrant of Control was issued on 3 June 2025. This gives me two days to make the payment.
I haven’t submitted the TE9/TE7 yet. I’m just taking in the whole picture and waiting for any final feedback from you before going ahead.
Appreciate any final thoughts. Will post again once I’ve submitted.
It seems we have answers to my questions - what are the next steps, please?
I am still waiting to hear back from West Berkshire Council on the other dates but I am aware of the notice of enforcement now.
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Ah ha . I see I was working with the form for london. I have the right one now and I’ll submit when the time comes . First stop , west Berkshire council to get dates .
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In the meantime, I’m submitting PE2/TE9 based on the information I have and the date I became aware of the issue.[/i]
Forms to use are TE7 and TE9
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I’ll contact them tomorrow and see what they can provide.
Can I ask why we need exact dates? Excuse my ignorance but is it to obtain if it’s recent or not and that might help ones favour . I am unsure so curious .
I won’t submit anything yet. I was more alluding to that being my next move so I can prepare the best case possible.
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If anyone knows of a formal way to obtain the exact date, I’d appreciate it. Simply ask the council. Get the PCN number and then you could check on their website
In the meantime, I’m submitting PE2/TE9 based on the information I have and the date I became aware of the issue.
Then you'll fail IMO.
Until the council obtain a warrant, you're on free time. Don't rush.
Ask them straightforward questions such as has a warrant been issued, if not when might this be expected, you're asking because you've only recently become aware ofthe issue and want to submit as comprehensive an OOT as possible.
Do NOT debate the fundamentals, just get facts.
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Thanks for the follow-up. Unfortunately, I’m not able to provide the actual Order for Recovery. As mentioned earlier, it, along with the NTO and Charge Certificate, was sent to a previous rental address listed on the V5C logbook at the time.
I only became aware of the seriousness of the situation on 9 June 2025, when our former letting agent contacted me to say that several letters had arrived at our old address. I then reached out to West Berkshire Council, who confirmed that the Order for Recovery had been issued, along with earlier notices, and that my only option now was to apply to the Traffic Enforcement Centre using a late witness statement (PE2/TE9).
I’ve asked both the agent and the council for a copy of the letter(s), but I haven't had any luck so far. I don’t have the exact date the Order for Recovery was issued, only confirmation of its existence and that I am now out of time.
If anyone knows of a formal way to obtain the exact date, I’d appreciate it. In the meantime, I’m submitting PE2/TE9 based on the information I have and the date I became aware of the issue.
Thank you again for the guidance so far, but this is why the situation is so challenging. I do not have the information to take action.
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The date of the Order for Recovery please. Even better, pl post it here - see Forum FAQs for how to do this.
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Thank you for the detailed explanation, that’s very helpful. Happy to clarify how I became aware of the situation:
The PCN was initially issued by a council traffic warden (not the police) in person, as a parking ticket. I appealed the PCN promptly in December 2024, explaining the situation, but West Berkshire Council upheld the fine. I then stated I would wait for the formal Notice to Owner (NTO), as advised in forums such as MoneySavingExpert, to continue the process through the correct legal channel.
I didn’t receive any of the expected follow-up notices (NTO, Charge Certificate, or Order for Recovery), so I assumed the process was still pending or delayed, especially since I had read that delays are common. I only became aware of the seriousness of the matter on 9 June 2025, when our former letting agent contacted me to say that multiple letters had arrived for me at our previous rental property. That was when I realised the process had escalated without my knowledge.
We now know that the letters went to our old address because the vehicle’s V5C logbook hadn’t been separately updated at the time. We had updated our driver’s licence shortly after moving to a new address, but didn’t realise the V5C needed to be changed independently.
Since becoming aware on 9 June, I’ve acted immediately, preparing the PE2 and TE9 and clarifying the situation with the Traffic Enforcement Centre.
To confirm: yes, I am (or my wife is) the registered keeper of the vehicle in question.
We have not received any formal correspondence at our current address. Although our address is now up to date, the most recent letter (Order for Recovery) was still sent to the old property.
Sorry for delay - I did not know someone had responded
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Hi everyone,
I received a Penalty Charge Notice (PCN) from West Berkshire Council in late 2024 and appealed it by email on 5 December 2024, stating I would wait for the Notice to Owner (NTO) to contest it further. I never received the NTO, Charge Certificate, or Order for Recovery at my address. I only became aware of the seriousness of the situation on 9 June 2025
What was the actual contravention for? (parking or a CCTV camera enforcement offence?
Bailiff Advice Online (https://bailiffadviceonline.co.uk/)
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OK, we're starting to get the picture.
Next for me is: I only became aware of the seriousness of the situation on 9 June 2025.
Pl explain.
You're Out of Time anyway, so whether you submit a WS now or in a week doesn't matter UNLESS where you are in the process could see further bailiff fees added to the debt unless you act promptly.
The enforcement process continues after an Order for Recovery with the authority obtaining a warrant of control from the court and instructing bailiffs to execute which they do by issuing a Notice of Enforcement to the person named on the warrant. Given that the authority did not get responses to the NTO, CC and OfR, plus any other extra-procedural correspondence they might have sent then (because these were all sent to the V5C registered keeper at the V5C address) the bailiff should have carried out a trace before issuing a Notice of Enforcement which increases the debt by £75 and gives you 7 days to pay. After this they could seize your goods and add another £235 to the debt.
So, how did you become aware? Have you* received any correspondence at where you now live, and if so, what?
*- to be clear, you are/were the registered keeper of the car in question?
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There are two statements that can be submitted to TEC and depend under what legislation the original PCN was served under.
1. Statutory Declaration PE3, and if out-of-time, also needs a PE2 and
2. Witness Statement TE9 and for OOT also a TE7.
Yes, it is confusing ! Basically, the London-specific Acts under which PCNs are issued require Statutory Declarations, and PCNs under the Traffic Management Act 2004 require a Witness Statement. Even TEC description of the forms is confusing. Look at all the forms on their website and you'll see how they differ:-
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
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I completely understand and agree, so I want to prepare the best I can. Thank you for your assistance.
So:
You immigrated when;
Your rental property dates;
Your V5C dates;
- Immigration was two years ago (August, so 2023) / I am only referring to this as the UK is new to us, hence updated DVLA, not VC5.
- Took occupancy from 2nd August 2024
- VC5 Dates (Perhaps a month or so ago), I am looking for the exact date to confirm but lets go with that for now. will find exact date for the application
- Lost my son at the end of October 2024
- PCN only issues in November 17th (when the parking offence happened)
I hope that helps.
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I’m hopeful, though, as my situation involves genuine grounds.
During this period, I was dealing with the bereavement of our three-month-old son, who passed away in late October 2024. Naturally, this was a very challenging time and affected my ability to stay on top of administrative matters.
In addition, we had to move rental properties because our landlord sold the previous property, meaning we were already at our second address since relocating to the UK from South Africa.
My condolences on your loss. Unfortunately the law if often deaf and uncaring so you need to put meat into the above.
If what you post doesn't support a compelling PE2 then it's as well that we see this up front because taking the matter to a District Judge would worsen your financial position.
So:
You immigrated when;
Your rental property dates;
Your V5C dates;
You didn't get the statutory notices sent by post because your V5C was out of date. Whether this was linked to your personal circumstances (as you claim) we've yet to see.
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Yes, I’ve confirmed that the Order for Recovery was issued some time ago, and I’m preparing to submit both the TE9 (Witness Statement) and the PE2 (Application to file out of time) together.
I haven’t seen the documents myself, so I have correspondence from West Berkshire Council, which said:
“We have sent out numerous correspondence to you, including a Notice to Owner, a Charge Certificate and an Order for Recovery.
The option for you now is to apply to the Traffic Enforcement Centre and request to make a Late Witness Statement.”
I understand there is a risk that the council may object, and that if they do, the TE9 could be refused by TEC, leaving me with the option to request a review by a county court judge at my own expense.
I’m hopeful, though, as my situation involves genuine grounds.
If I have communicated all that I have mentioned, have I missed anything that should be included and must I just go ahead and submit or am I making some mistakes here? Thanks for your help.
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Have you checked with TEC when the PCN was registered ? Once it is, and an Order for Recovery sent out, you have 21 days to submit a Witness Statement. After that period has expired, you can still submit a WS (TE9), but it must be accompanied by a TE7 which is a request to submit a WS out-of-time.
The unfortunate aspect of submitting OOT, is that the council can object to the WS and invariably do so, at which point TEC reject your WS. YOu can then request a review by a county court judge, but this costs money, which is not recoverable even if the judge accepts your WS.
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Hi everyone,
I would appreciate some feedback on a PE2 and TE9 application I’m preparing for the Traffic Enforcement Centre (TEC), based on my situation. I want to make sure I am presenting things correctly.
Background:
I received a Penalty Charge Notice (PCN) from West Berkshire Council in late 2024 and appealed it by email on 5 December 2024, stating I would wait for the Notice to Owner (NTO) to contest it further. I never received the NTO, Charge Certificate, or Order for Recovery at my address. I only became aware of the seriousness of the situation on 9 June 2025.
I corresponded initially and followed the process correctly, but no further documents arrived.
Circumstances:
During this period, I was dealing with the bereavement of our three-month-old son, who passed away in late October 2024. Naturally, this was a very challenging time and affected my ability to stay on top of administrative matters.
In addition, we had to move rental properties because our landlord sold the previous property, meaning we were already at our second address since relocating to the UK from South Africa. Although I updated my UK driver’s licence address with the DVLA early on, I was unaware that updating the vehicle’s V5C (logbook) was a separate process. Due to this oversight, the council correspondence may have been sent to a previous rental address.
As soon as I became aware of the situation, I prepared the TE9 and PE2 forms and am now seeking advice before submitting them.
Grounds:
I am filing the witness statement (TE9) on the basis that I did not receive the Notice to Owner (NTO). In the PE2, I explain that the missed correspondence was due to a combination of circumstances: An administrative oversight (we updated our driver’s licence address but didn’t realise the V5C logbook needed a separate update), and personal circumstances (bereavement and a house move).
These factors contributed to both not receiving the council's notices and the delay in discovering the situation.
Questions:
Does this explanation sound reasonable and likely to be accepted by TEC?
Is there anything I should add or reword to strengthen the application without over-complicating it?
Any thoughts or advice would be really appreciated
Thank you in advance.