Out of Time Witness Statement is granted
If your Out of Time witness statement is granted, you will receive a Revocation Order from the Traffic Enforcement Centre advising you that the Order for Recovery has been revoked, and the charge certificate cancelled. It is important to stress that the revoking order does not cancel the penalty charge (see below).
If my Out of Time Witness Statement is accepted, will I still need to pay the bailiff?
No you will not. If your Out of Time witness statement is accepted, the warrant can no longer be enforced by the bailiff and as a consequence, all bailiff fees are removed.
I paid the bailiff before submitting an Out of Time witness statement. Am I entitled to a refund?
Yes, you will be entitled to a refund. The Local Government Ombudsman had made a number of decisions on this subject. If you have any queries on this point, please feel free to contact us. Details can be found at the foot of this page.
What will happen next?
This depends on the reason that you gave for submitting your Out of Time witness statement. If the reason had been because you had not received the Penalty Charge Notice, the local authority will reissue a new notice. This will give you the opportunity to make payment at the earlier discounted rate.
If the reason had been because you had appealed the PCN and had not received a response, the PCN will usually be rewound back to the ‘appeal’ stage.
If your car has been removed to the pound by the bailiff, it must be released without any charge being made to you. It will be for you to collect the vehicle. It will not be delivered back to you.
Further information about an Out of Time witness statement.
Our Bailiff Advice Online website has a lot of information about the Traffic Enforcement Centre and Out of Time witness statements and statutory declarations. Our index page on the subject is here.
Commentary from Bailiff Advice Online:
We have a significant amount of experience with the Traffic Enforcement Centre and Out of Time statutory declarations/witness statements. If you have any queries at all you can email us using our popular Enquiry Form.
Alternatively, you can contact our free helpline on 01643 841886. Our opening times can be found on our Contact page.