Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Learner1 on October 10, 2025, 12:13:49 am
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Good morning
Update:
The order for recovery was revoked, and I have now received a Notice to Owner from Westminster Council.
I have attached all the pages.
Please guide me on whether I have any chance of contesting it.
I really appreciate your help.
Many thanks
(https://cdn.imgpile.com/f/Iu704HC_xl.jpeg)
(https://cdn.imgpile.com/f/znwUkZ9_xl.jpeg)
(https://cdn.imgpile.com/f/CEdLE3H_xl.jpeg)
(https://cdn.imgpile.com/f/tk7ZJ1L_xl.jpeg)
(https://cdn.imgpile.com/f/O22mgrX_xl.jpeg)
(https://cdn.imgpile.com/f/mcHJhri_xl.jpeg)
Google Street View
https://maps.app.goo.gl/1i89PujzSte9Zu1u6
Car Image:
(https://cdn.imgpile.com/f/bcCSQkt_xl.jpg)
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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 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.
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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!
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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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.
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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.
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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!
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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.
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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.
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
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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 ?
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 : https://drive.google.com/file/d/1vOXaYFi5g81Ol_j4JP1DcBumUKYWqkva/view
https://drive.google.com/file/d/1MV1sQh0uw7P5T5Io8tFOhmG4IFLt3I7E/view
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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.
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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 ?
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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