Out of Time Witness Statement

Note: This page was updated on 14th November 2017. Please see our commentary at the foot of the 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 (usually because the V5C/Log Book had not been updated by DVLA following a change of address). This is a very common situation indeed.

Fortunately, legislation is in place to protect individuals in such cases. All bailiff enforcement will 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). 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.

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 with the  drafting 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)

Legislation allows 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 (usually because all notices had been sent to a previous address).
  • That you appealed the PCN  to the local authority within 28 days of receipt of the NtO but that you had not received a Notice of Rejection.
  • That within 28 days from service of the Notice of Rejection you appealed the decision to the Adjudicator but 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 that I did not know about.  

If you have become aware that 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 do consider contacting us for advice. Our contact details are below.

A Bailiff is seeking payment for a Dart Charge that I had not known about.

If you have been contacted by either Marston Holdings, Equita Ltd or JBW Judicial Services in relation to a Dart Charge that you had not been aware of, then a Dart Charge Out of Time witness statement can be submitted. We have a separate page dedicated to this subject 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?)

If your application is accepted, the warrant will be revoked, all bailiff fees removed, and the local authority (or Highways England in the case of a Dart Charge) will re-issue a new Notice to Owner.

However, it is very important to be aware that unfortunately, over 60% of Out of Time witness statements are rejected, and sadly, in the vast majority of these 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 will happen if my Out of Time witness statement is granted?

If your application is accepted, the warrant will be revoked, all bailiff fees removed and the local authority (or Highways England in the case of a Dart Charge) will re-issue you  a new Notice to Owner. Full details can be read on the following page.

What happens if my Out of Time witness statement (late appeal) is rejected?

The warrant of control will cease being on hold and bailiff enforcement will recommence.

However, there is an option for you to have the rejection of your Out of Time witness statement reviewed at court. Such an application (on form N244) 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 that is 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 more than one outstanding parking debt. 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

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. We charge a fee of £45 for this service (with additional applications being substantially discounted).

Commentary from Bailiff Advice

Sadly, we are receiving  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 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 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.