Out of Time Witness Statement
Note: March 24th 2018. If an Out of Time witness statement is rejected, it is usually because Forms TE7 and TE9 have been poorly drafted. Please be sure to read the commentary at the foot of this page.
If you have received a letter or a visit from a bailiff/enforcement agent in relation to a Penalty Charge Notice, Congestion charge or a Dart Charge that you had been unaware of, then it is usually the case that all notices from the council, Transport for London or Highways England (in the case of a Dart Charge) had been sent to a previous address. This is usually because the V5C/Log Book had not been updated by DVLA (following a change of address). It is also quite common to find that all notices documentation from the local authority had been sent to a hire company (or finance company).
Fortunately, legislation is in place to protect individuals in such cases. All bailiff enforcement will be halted by submitting 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). If your application is accepted, the warrant of control will be cancelled, all bailiff fees removed and the local authority (or Highways England in the case of Dart Charge) will issue you with a new Notice to Owner or Penalty Charge Notice.
A word of warning; an Out of Time witness statement is a County Court procedure and as such, in order to improve the chance of your application being accepted, great care and attention needs to be taken with the drafting of these forms (TE7 and TE9). There is no court fee to pay for submitting an Out of Time witness statement.
Grounds for completing an Out of Time witness statement (TE7 and TE9)
An Out of Time Witness Statement/Statutory Declaration may be submitted on one of the following four specific grounds. These are that:
- You did not receive a Notice to Owner/parking ticket (usually because all notices had been sent to a previous address).
- You appealed the PCN to the council within 28 days but you had not received 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 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 you do have multiple parking debts, please consider contacting us for advice. It is likely that our advice could save you a great deal of money. Our contact details are below.
A Bailiff is seeking payment for a Dart Charge that I didn’t know about.
If you have been contacted by Marston Group, Equita Ltd or JBW Judicial Services in relation to a Dart Charge that you had been unaware of, then a Dart Charge Out of Time witness statement can be submitted. Because of the large 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 appeals) 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 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 will be removed.
Unfortunately, a high percentage of Out of Time witness statements are rejected. In the vast majority of cases, the reason for the rejection is because the forms had been poorly completed. We have recently introduced this new page to our website to outline this serious problem in more detail.
What will happen if my Out of Time witness statement is granted?
If your application is accepted, 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 . You will then have the opportunity to pay the charge at the earlier discounted rate. Full details can be read on the following page.
What happens if my Out of Time witness statement (late appeal) is rejected?
Unfortunately, the warrant of control 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. Such an application must be made within 14 days of you receiving the decision from the Traffic Enforcement Centre. Unfortunately, there is a court fee of up to £255 for each Out of Time witness statement rejected. Not surprisingly; many people decide not to seek a review.
It is for this reason, that we stress the importance of ensuring that your Out of Time witness statement (TE7 and TE9) is very carefully drafted..and even more so; in cases where you may have multiple parking debts (quite common with Dart Charge penalties). The rejection of an Out of Time witness statement is outlined in more detail on the following page.
I need help with completing an Out of Time Witness Statement (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) and we have significant experience with knowing what information needs to be provided on these forms to improve the chance of the application being accepted. If you require our assistance, please see below. We charge a fee of £45 for this service (with additional applications being substantially discounted).
Commentary from Bailiff Advice
Sadly, we receive a significant number of enquiries from individuals whose applications have been rejected and where the fault is clearly because their Out of Time witness statement forms (TE7 and TE9) had been very poorly drafted. It is really important that motorists seek advice before completing these forms and even more so, in cases where there are multiple penalty charge notices (or Dart Charges).
If you require our assistance with the drafting of your Out of Time witness statement or statutory declaration forms, you can use this form to email a question to Bailiff Advice. Alternatively, you can contact us by phone. Details are on our Contact page.