Out of Time Witness Statement (TE7 and TE9)

If you have received a visit from a bailiff/enforcement agent in relation to a Penalty Charge Notice (PCN), Congestion charge or a Dart Charge that you knew nothing about, it is usually the case, that all notices from the council, Transport for London or Highways England had been sent to a previous address. This is a very common situation indeed. Fortunately, Parliament has introduced safeguards to protect individuals in such cases. All bailiff enforcement can be halted by completing an Out of Time Witness Statement (TE7 and TE9) or an Out of Time Statutory Declaration (PE2 and PE3) and sending it to the Traffic Enforcement Centre (TEC).

A word of warning; an Out of Time witness statement is a County Court procedure and as such, to improve the chance of your application being accepted, great care and attention needs to be taken when drafting the forms (TE7 and TE9). For example, it will not be sufficient to merely state that you had ‘moved address’.

Grounds for completing an Out of Time witness statement (TE7 and TE9)

The statutory regulations only allow for an Out of Time Witness Statement/Statutory Declaration to be filed on one of the following four specific grounds. These are that:

  • You did not receive a Notice to Owner/parking ticket.
  • That you appealed the PCN  to the local authority within 28 days of service of the Notice to Owner but that you had not received a Notice of Rejection.
  • That within 28 days from service of the Notice of Rejection you appeal the decision to the Parking Adjudicator but had not received a response.
  • That you  had paid the PCN in full (before a warrant had been issued).

Will the warrant be cancelled if I file an Out of Time witness statement (TE7 and TE9)?

Only if your application is accepted, will the warrant be revoked and all bailiff fees removed. The local authority (or Highways England in the case of a Dart Charge warrant of control) are given the opportunity to decide whether or not to allow you to file your witness statement/statutory declaration late (out of time).

Unfortunately, around 60% of Out of Time witness statements are currently rejected, and in the vast majority of cases, the reason for the rejection is because the forms had been very poorly completed. We have recently introduced this new page to our website to outline this problem in more detail.

Help with completing an Out of Time Witness Statement

Unfortunately, it would not be practical or helpful to provide a ‘template’ witness statement as no two cases  are alike. Every case is individual.

For over 10 years, we have been assisting motorists with drafting Out of Time witness statements (TE7 and TE9) and Out of Time statutory declarations (PE2 and PE3) and have significant experience with knowing what information needs to be provided on these forms to improve the chance of the application being accepted. Please see below for our contact details.

Note from Bailiff Advice

If you require our assistance with completing your Out of Time witness statement or statutory declaration forms, you can email a question to us using our popular Question page.  Alternatively, you can contact us by phone. Details are on our Contact page.