Out of Time Witness Statement
If you have received a letter or a visit from a bailiff/enforcement agent in relation to a Penalty Charge Notice, Congestion Charge or Dart Charge that you had been unaware of, it is usually because all correspondence had been sent to a previous address. Fortunately, legislation is in place protect you. All bailiff enforcement will be halted by submitting either an Out of Time witness statement (TE7 and TE9) or an Out of Time statutory declaration (PE2 and PE3) to the Traffic Enforcement Centre (TEC). These applications are also sometimes referred to as a late appeal.
A Word of Warning.
Before rushing and submitting an Out of Time witness statement, please read this page carefully. Although the forms TE7 and TE9 look simple to complete, it should be remembered that an Out of Time witness statement is a County Court procedure. Unless you have previously drafted court documentation, you really should not be submitting these applications without seeking advice beforehand. You can email a question to us using our Enquiry Form.
Sadly, it is mainly due to very poorly drafted forms that approx 65% of Out of Time witness statement are currently being rejected. You can seek to have the rejection reconsidered by a Judge. Unfortunately, there is a court fee to pay of up to £255 for such an application. Worse still….this fee applies to each application that is rejected.
Why was correspondence sent to my previous address?
It is usually because the V5C/Log Book had not been updated at DVLA following a change of address. When a parking or CCTV contravention occurs, or you enter the TfL congestion zone or use the Dartford crossing without paying, an electronic request is made to DVLA for vehicle keeper details. DVLA will respond with the name and address registered for that particular vehicle at the date of contravention. Sadly, since the scrapping of paper tax discs and the requirement to tax a vehicle online, many people forget to update their V5C/Log Book when they move address. This is very common situation indeed.
Correspondence had been sent to the vehicle hire company or finance company.
This is another very common situation and in particular; with an unpaid Dart Charge. The notices from Highways England would be sent to the registered keeper…..this would be the hire company. They in turn will ask that liability be transferred to the hirer. The hire company would rely upon the name and address provided at the time of hire. Another problem that we see quite often is where the V5C is held by the finance company. In such cases, it is important that if you move address, that you inform the finance company.
I updated my driving licence when I moved so DVLA were aware of my address?
Not so I’m afraid. A driving licence is confirmation that you have passed a test enabling you to drive a particular class of vehicle. A V5C (Log Book) on the other hand, is the registration certificate for a particular vehicle. We receive an astonishing number of enquiries from the public regarding correspondence going to a previous address. Of interest is the fact that in the vast majority of cases, when a motorist has moved address, he updates his driving licence….but forgets to update the V5C (Log Book) !!
Grounds for completing an Out of Time witness statement (TE7 and TE9)
An Out of Time Witness Statement/Statutory Declaration or late appeal can be submitted on one of the following four grounds. These are that:
- You did not receive a Notice to Owner/Penalty Charge Notice (usually because all notices had been sent to a previous address).
- You appealed the PCN to the council (or Dart Charge) within 28 days but did not receive a Notice of Rejection.
- Within 28 days, you had appealed the rejection to the Adjudicator but you had not received a response.
- That you had paid the PCN (or Dart Charge) in full (before a warrant had been issued).
I have more than one parking debt (or Dart Charge).
If a bailiff is seeking to enforce more than one penalty charge notice (or Dart Charge) that you had been unaware of, you would need to submit separate Out of Time witness statements for each penalty charge notice. If yo have multiple parking debts, please consider contacting us for advice. It is very likely that our advice could save you a great deal of money. Our contact details are below.
Bailiff is seeking payment for a Dart Charge that I didn’t know about.
Only two enforcement companies are contracted to enforce unpaid Dart charges. They are are Marston Holdings, and JBW Judicial Services. Because of the significant number of Dart Charge enquiries that we receive, we have a separate page dedicated to a Dart Charge Out of Time witness statement (or late appeal) here.
What will happen when I submit my Out of Time Witness Statement?
The Traffic Enforcement Centre will acknowledge receipt of your forms. They will then advise the council, Transport for London or Highways England (in the case of a Dart Charge) to instruct their bailiff company to cease all enforcement of the warrant. The warrant of control will be placed ‘on hold’ for a few weeks. This is to allow the council etc the opportunity to decide whether or not to allow you to file the witness statement late (out of time).
Will the warrant be cancelled if I file an Out of Time witness statement (TE7 and TE9?)
Only if your application is accepted. If so, the warrant will be revoked and all bailiff fees (of up to £310) will be cancelled. With over 12 years of experience of drafting of these forms, we are proud of the fact that the majority of applications that we draft are accepted. Sadly, this is not the case with individual motorists where almost 65% of applications are rejected. Because of the high number of rejected applications, we have recently introduced this new page to our website.
What will happen if my Out of Time witness statement (late appeal) is granted?
The warrant will be revoked and all bailiff fees removed. The local authority, TfL or Dart Charge will re-issue you a new Notice to Owner (or Penalty Charge Notice). You will then have the opportunity to pay the charge at the earlier discounted rate. If your vehicle had been removed to the bailiff’s pound, it must be released without charge. Further details can be read on this page.
What happens if my Out of Time witness statement (late appeal) is rejected?
The warrant will cease being on hold and bailiff enforcement will recommence. There is an option for you to have the rejection of your Out of Time witness statement reviewed at court. Unfortunately, there is a court fee for a review of up to £255. This fee is payable for each Out of Time witness statement rejected !! This is the reason why we continue to stress the importance of ensuring that your Out of Time witness statement (TE7 and TE9) is carefully drafted. The rejection of an Out of Time witness statement is outlined in more detail here.
I need help with completing an Out of Time Witness Statement forms (TE7 and TE9)
For almost 12 years Bailiff Advice Online has been assisting motorists with drafting Out of Time witness statements (TE7 and TE9) and Out of Time statutory declarations (PE2 and PE3). We have significant experience of knowing what information needs to be provided on these forms to improve the chance of the application being accepted. We are proud of the fact that a high percentage of applications drafted by us are accepted. If you require our assistance, please see below or email us using our Enquiry Form. We charge a fee of £45 for this service. Additional applications are substantially discounted.
Traffic Enforcement Centre FAQ’s (Frequently Asked Questions)
To answer the many questions that we receive from motorists, we have recently introduced this new Traffic Enforcement Centre FAG page to our website. It is proving to be a very popular page !!
Commentary from Bailiff Advice Online
If you require our assistance with the drafting of your Out of Time witness statement/late appeal, you can email a question to us using our online Enquiry Form. Alternatively, can contact our free helpline. Details are on our Contact page.
Lastly, our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.