Traffic Enforcement Centre statutory declarations
Filing statutory declarations & witness statements
If you wish to apply against the registration with the Court
There are different forms to complete depending on the date and type of contravention:
- For a non-parking contravention (e.g. Bus lane) a Statutory Declaration (PE3) should be completed.
- For a parking contravention, a Witness Statement (TE9) should be completed.
- For a vehicle emission contravention, a Statutory Declaration (PE3 (vehicle emission)) should be completed:
If a correctly completed statutory declaration or witness statement is filed with the Traffic Enforcement Centre (TEC) within 36 days of registration, the court registration will be revoked (cancelled). This does not cancel the original penalty charge. The matter is referred back to the local authority to decide what action they wish to take next. If you are unsure of the date of registration you should contact the relevant local authority or TEC on 0300 123 1059 / 01604 619450 and request this.
The respondent may request an extension of the time allowed to file the Statutory Declaration or Witness Statement with the TEC. A maximum time period of four weeks can be requested. Please note all time extensions must be submitted to the TEC prior to the deadline for filing.
Completing a Statutory Declaration forms
The form must only be completed by the named respondent on the order for recovery issued by the local authority. If the respondent has been named as a company or organisation, the person completing the form on its behalf must ensure they state their own full name as well as the name of the company or organisation and your position in the company.
- Once the form has been completed, it must be sworn i.e. signed under oath before a Commissioner for Oaths (e.g. a solicitor), or an officer of a county court appointed by the judge to take affidavits, or a Justice of the Peace (Magistrates’ Court). The witness to the respondent’s signature must provide a full postal address. (This service is available at any county court).
- There are two or three grounds for filing a statutory declaration in response to the order for recovery. One of these grounds must be selected by ticking the relevant box. If none of the grounds applies, a statutory declaration cannot be filed, in which case the local authority who issued the order for recovery should be contacted directly by the respondent. The TEC will be unable to process the form if the grounds have been altered in any way.
Completing a Witness Statement in relation to a parking contravention:
- The Witness Statement form must only be completed by the named respondent on the order for recovery.
- There are four grounds for filing a Witness Statement in response to the order for recovery. One of these grounds must be selected by ticking the relevant box. If none of the grounds applies, a Witness Statement cannot be filed. The local authority who issued the order for recovery should be contacted directly. The TEC will be unable to process the application if the grounds have been altered in any way.
- If the Order for Recovery has been issued by a London Borough, only one ground may be selected.
If you are out of time to file a Statutory Declaration/Witness Statement
If the time limit for filing a Statutory Declaration or Witness Statement has passed, the respondent may request permission to file these forms ‘out of time’.
The respondent must send to the TEC a completed application notice (form PE2 may be used for applications relating to Statutory Declarations and form TE7 may be used for applications relating to Witness Statements); and a completed Statutory Declaration (form PE3/PE3(vehicle emission)) or Witness Statement (form TE9):
Clear reasons for not adhering to the time period for filing should be stated on the form. The application should not be used to appeal against the original contravention.
There is no prescribed time limit in which you can apply to file the Statutory Declaration or Witness Statement out of time. On receipt of an acceptable application the TEC will notify the local authority concerned and give them 19 working days to either accept or reject the application.
If the local authority accepts the application it will be treated as an in time Statutory Declaration or Witness Statement and the court registration will be revoked (cancelled). The matter is then referred back to the local authority to decide what action they wish to take next.
If the local authority rejects the application, it will be referred to an officer at the TEC. This is for an impartial decision on whether the application should be granted or refused. Both parties will be informed of the result.
Following the decision by the court officer, either party may apply to have the decision set aside within 14 days of the decision being made. Completion of form N244 is required. If this application is accepted then the case will be transferred to the respondent’s local County Court and a District Judge will review the decision made by the Officer of the court.
TEC Forms page