Court & Debt

TE9 Witness Statement: Set Aside a Council Parking CCJ When You Never Got the Notices

·7 min read

TE9 Is Not the Same as N244

If a council parking PCN has escalated to a registered judgment debt and a bailiff is about to call, you have a specific route to undo it — and it is not the same as a private-parking CCJ set-aside. Council PCNs go through the Traffic Enforcement Centre (TEC) at Northampton, not the County Court Business Centre. The form is TE9, not N244. The fee position, the grounds, and the procedure are all different.

The TE9 is a witness statement sworn under penalty of perjury, filed with the TEC, declaring one of three specific grounds. If accepted, the Order for Recovery is revoked and bailiff action is automatically stayed while the case is referred back to the council for re-processing.

Have a council PCN that's gone to bailiffs without notices?

Our £9.99 court pack drafts your TE9 witness statement, picks the right statutory ground, and packages the supporting evidence (proof of address, missed-post records). Filed by you, ready in minutes.

The Three TE9 Grounds (Pick Exactly One)

Form TE9 requires you to swear that one of these is true. You cannot tick two. Pick the strongest:

GroundWhen it appliesEvidence you need
**1. Did not receive the Notice to Owner**The original Notice to Owner (issued after a council PCN goes unpaid) never reached you, usually because it went to an old DVLA addressProof of current address dated before the NtO, council-tax records, electoral roll
**2. Made representations within 28 days and got no rejection notice**You replied to the council on time but they never responded with a rejection or proceeded directly to enforcementCopy of your representation (post receipt, sent email) + absence of a Notice of Rejection
**3. Appealed to the adjudicator within 28 days and got no response or it is still pending**You appealed to London Tribunals or the Traffic Penalty Tribunal but the council enforced before the adjudication concludedTribunal case reference and acknowledgment

The most common in 2026 is Ground 1 (didn't receive NtO). Council PCN chains rely on the DVLA-registered keeper address. If you moved house and forgot to update the V5C log book at DVLA, the NtO went to the old address, you never knew, and the council escalated through Charge Certificate → Order for Recovery → Warrant of Control → bailiffs without any of those letters reaching you.

Step 1: Confirm You Need TE9, Not Something Else

The TE9 route applies if all four of these are true:

  1. The PCN was issued by a local council (or TfL for red routes / bus lanes), not a private parking operator
  2. There is now an Order for Recovery registered against you at the Traffic Enforcement Centre
  3. Bailiffs are involved, or a Warrant of Control has been issued
  4. One of the three statutory grounds genuinely applies on the facts

If the underlying matter is a private parking charge (ParkingEye, UKPC, APCOA), you cannot use TE9. The set-aside route for those is CPR 13.3 with form N244 to the County Court — see our N244 set-aside guide.

If you did receive the notices but ignored them, you cannot use TE9 either. Knowingly false statutory declarations are perjury offences under section 5 of the Perjury Act 1911, which carries up to 2 years imprisonment.

Step 2: Gather the Evidence for Your Ground

For Ground 1 (no NtO received), the persuasive evidence chain is:

  • Proof of change of address dated before the alleged contravention or the NtO date — Council Tax bill, tenancy agreement, mortgage statement, utility bill
  • DVLA records showing when you updated the V5C log book (often after the contravention) — establishes the council was relying on a stale address
  • Royal Mail mail-redirect record if you set one up — explains why some post made it through and some didn't
  • Statutory declaration narrative — short, factual, in your own words

For Ground 2 (representations made, no rejection notice), the evidence is:

  • Copy of your written representations to the council
  • Proof of posting / sending — recorded delivery slip or sent-email screenshot with date
  • A timeline showing the gap between your representation and the next action by the council

For Ground 3 (adjudicator route), the evidence is essentially the tribunal case reference number plus an acknowledgment letter.

Step 3: Complete and File Form TE9

The form is downloadable from GOV.UK. Key fields:

  • Penalty Charge Notice number — exactly as it appears on the bailiff letter
  • Issuing authority — the council name
  • Vehicle registration
  • Statement of which ground you are swearing to (1, 2 or 3)
  • Witness statement narrative — short, written by you, in plain English
  • Statement of Truth signed and dated

There is no fee for filing a TE9 at the TEC. This makes it materially different from the £275 fee for an N244 set-aside in the County Court.

File by post to:

> Traffic Enforcement Centre

> County Court Business Centre

> St Katharine's House

> 21-27 St Katharine's Street

> Northampton NN1 2LH

Or by email to mcoltec@justice.gov.uk with TE9 as the subject prefix. Keep proof of filing — a recorded-delivery slip or the email-sent timestamp.

Need help with the witness-statement narrative?

Upload your bailiff letter, the council PCN reference, and your proof of address. Our £9.99 pack drafts the TE9 witness statement specifically for your ground, with the evidence index ready to attach.

Step 4: What Happens After Filing

Within roughly 2-4 weeks of receipt the TEC will:

  1. Revoke the Order for Recovery automatically if the TE9 is properly completed and one of the three grounds is sworn
  2. Stay bailiff enforcement immediately — bailiffs are notified by the TEC and must stop
  3. Refer the case back to the issuing council for re-processing

The council can then re-serve the Notice to Owner at your correct address. You have 28 days from that re-service to either pay the original PCN (often at the discounted rate if it falls within 14 days) or make formal representations and, if rejected, appeal to the Traffic Penalty Tribunal (or London Tribunals if inside the M25 boroughs).

The substantive case is therefore not "won" by the TE9 — it is reset to the formal-representations stage with your address now correct. From there you use the normal grounds (the council had no signage, the contravention is incorrectly recorded, mitigating circumstances, blue badge displayed and so on) to defend.

Step 5: If TE9 Is Refused

The TEC officer reviewing your TE9 can refuse it if:

  • The form is incomplete or unsigned
  • The ground you swore is contradicted by other evidence on file (eg the council can prove you DID get the NtO via recorded-delivery records)
  • You ticked multiple grounds (only one is allowed)
  • The statement of truth is missing

If refused, you can re-file with a different ground (if genuinely applicable), apply for a court hearing under the TE17 form for a referral to the County Court hearing centre, or, in limited cases, judicial-review the council's enforcement process. The judicial-review route is expensive and rarely justified for a £130 PCN.

What TE9 Cannot Do

  • Cancel the underlying PCN — only the Order for Recovery is revoked; the PCN itself is reset to the representations stage
  • Stop future re-service — the council can issue a fresh NtO once the case is referred back
  • Recover bailiff fees you have already paid — if you settled with a bailiff before filing, those payments are generally not refundable through the TE9 process. A separate small-claims action may be possible
  • Apply to private parking debts — only council-issued PCNs go through the Traffic Enforcement Centre

Numbers That Matter

  • Time to file: as soon as you become aware of the bailiff letter
  • TEC fee for TE9: £0 (no fee, unlike £275 for N244)
  • Decision time at TEC: ~2-4 weeks
  • Effect on bailiff action: stayed immediately on receipt of TE9 by TEC
  • Re-service window for council: typically 56 days from referral back
  • Penalty for false statement of truth: up to 2 years imprisonment under the Perjury Act 1911

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