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 a Dart Charge that you knew nothing about, then 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 application and as such, in order to improve the chance of the 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’ or that you hadn’t received any previous notices.
There is no court fee to pay for submitting an Out of Time witness statement.
What will happen when I submit my Out of Time Witness Statement?
The Traffic Enforcement Centre will acknowledge receipt of your forms and 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 case will then be ‘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).
What will happen if my Out of Time witness statement is granted?
The warrant will be cancelled, all bailiff fees removed and the Penalty Charge Notice rewound back to the earlier stage. Full details can be read on the following page.
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 (or late appeal) to be submitted 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 task of deciding 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 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.
What happens if my Out of Time witness statement (late appeal) is rejected?
You will be given a period of 14 days in which to make an application to the County Court (on form N244) to have the decision reviewed. Unfortunately, there is a court fee of up to £255 for each Out of Time witness statement that is rejected.
It is for this reason, that we continue to 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 more than one Penalty Charge Notice (which is very common with Dart Charge).
The rejection of an Out of Time witness statement is outlined in detail on the following page.
Help with completing an Out of Time Witness Statement
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 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. There is a small fee for this service.
Note from Bailiff Advice
If you require our assistance with drafting 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.