Out of Time witness statement has been rejected
If your Out of Time witness statement has been rejected, you will receive a letter from the Traffic Enforcement Centre to advise you of the decision and informing you that you may apply within 14 days of the date of service to have the decision reviewed by way of an N244 Application.
Why did the Traffic Enforcement Centre reject my Out of Time witness statement?
Sadly, from the many enquiries that we receive on this subject, the reason why the Out of Time witness statement had been rejected is usually because the TE7 and TE9 (or PE2 and PE3) forms had been poorly completed.
Who decides whether to accept or reject my Out of Time witness statement?
A little known fact is that it is the local authority (or Highways England in the case of an unpaid Dart Charge) who have the task of deciding whether or not to allow you to file the witness statement late.
If they refuse to grant permission, they should outline the reason in a statement addressed to the Traffic Enforcement Centre. The file will then be forwarded to an Officer of the Court so that they can decide whether or not the local authorities decision was the correct one.
You should be sent a copy of the statement from the local authority outlining their reason for refusing to grant permission to file the witness statement late. If you have not received a copy, please contact us.
Can I appeal the rejection of my Out of Time witness statement?
Yes you can. To do this, you will need to submit an N244 application to the Traffic Enforcement Centre within 14 days of service of the decision. There is a fee to pay for this application of between £100 and £255. We have an entire page on this subject here.
What happens if I do not file an N244?
If an application to review the decision is not made within 14 days of service of the letter from the Traffic Enforcement Centre, the warrant will no longer be on hold and bailiff enforcement can recommence.
Commentary from Bailiff Advice Online:
We have a great deal of experience with the Traffic Enforcement Centre and Out of Time witness statements and N244 Applications. If you have concerns as to why your Out of Time witness statement has been rejected, or whether to seek a review, you can email a question to Bailiff Advice using our popular Question page.
Alternatively, you can contact us by phone. Please refers to our Contact us page for further details.