Help - Search - Members - Calendar
Full Version: Form TE3 with wrong contravention date
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
frosty213
Hey everybody!

My work colleague's son has been sent a TE3 "Order for recovery of unpaid penalty charge (Parking)".

He noticed that the Date of Contravention is "18 September 2105".

Is that enough to get him off the hook, or should my friend just pay up?
Gan
If it matches the PCN reference, no

How did it get as far as an Order for Recovery ?

He should have received first :

Penalty Charge Notice that he should have appealed
Notice to Owner that he should have appealed
Notice of Rejection of Representations
Charge Certificate

Assuming he hasn't already paid, he only has two grounds to oppose the Order for Recovery :

He didn't receive the Notice to Owner
He appealed the Notice to Owner but received no reply

frosty213
Thanks, Gan, I'll let him know he should just pay up despite the error.

It got this far because his son hid all the documents you mention. rolleyes.gif
DancingDad
QUOTE (frosty213 @ Mon, 14 Mar 2016 - 15:52) *
Thanks, Gan, I'll let him know he should just pay up despite the error.

It got this far because his son hid all the documents you mention. rolleyes.gif


Kid should be paying up then, presumably kid got the original PCN and things slid from there.

On the assumption that your mate is the registered keeper and had no knowledge of the required Notices, the Notice to Owner being the key one, he can truthfully tick the box that says Notice to Owner not received.
I know some may disagree but if someone, even within the household, interferes with post, I see that as the sort of circumstance that the OFR/Statement system is created to deal with.
It is a criminal offence to lie, I don't see this as a lie.

If sent in good time, only needs the box ticking and signing, NTO, CC and OFR will be revoked and council can then send a new NTO.
Someone needs to explain to the kid that interfering with the post is also a serious matter.
Enceladus
It's unlikely that the contravention date on an Order for Recovery is incorrect. You have not explained why this might be the case here? Much more likely the OFR/TE3 refers to ANOther PCN.
Neil B
I took the typo '2105' to be the OfR not the OP.
Enceladus
QUOTE (Neil B @ Mon, 14 Mar 2016 - 21:38) *
I took the typo '2105' to be the OfR not the OP.

I might need glasses, I guess.
Anyway the question still needs an answer. Why does the OP believe the contravention date on the OFR/TE3 is incorrect? The date should match the underlying PCN. If the underlying PCN is dated 2105 then it is unenforceable.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.