Mistakes on Out of Time Witness Statements

Unfortunately, mistakes being made on Out of Time Witness Statements is a very common problem and likely account towards the high proportion (over 60%) of applications that are rejected at the Traffic Enforcement Centre. In the vast majority of cases, the fault is usually due to poorly drafted forms (TE7 and TE9 or PE2 and PE3) or even using the wrong forms. Another problem is that motorists seek to rely on AI (ChatGPT, Claude etc) for advice on completing these forms and from the many enquiries that we have received, the advice provided by AI is frankly inaccurate and misleading. There is the additional problem of motorists  drafting  these forms on their mobile phones and consequently; providing almost no background information. 

Will the warrant be cancelled if I submit an Out of Time witness statement?

Only if your Out of Time witness statement is accepted. If so, the warrant will be revoked and all bailiff fees removed. The local authority, National Highways (Dart Charge), Merseyflow Birmingham CAZ, TfL etc will reissue you with a new Penalty Charge Notice. You should then be able to pay the PCN at the earlier discounted rate or alternatively; to appeal the PCN.

Can I resend an Out of Time Application if I have made a mistake on the forms. 

No. If the Traffic Enforcement Centre have notified you that your Out of Time application has been rejected, you cannot send another Out of Time application for the same PCN number.

What happens if my Out of Time witness statement is rejected?

If your application is rejected, bailiff enforcement will recommence. There is an option to have the rejection reviewed at the Traffic Enforcement Centre (in other words, to be looked at a second time). You would need to complete an N244 Application.  The problem here is that there is a court fee of £123 to have the decision reviewed. Worse still, this fee is payable for each PCN. However, if you are in receipt of qualifying benefits, you will likely be exempt from paying the court fee. You would need to look at visit this page and complete form EX160.

If your Out of Time application has been rejected, this page should assist you. 

Commentary from Bailiff Advice Online

We have been assisting motorists with drafting Out of Time witness statements (or Statutory Declarations) for the past 12 years. If you require assistance with completing the forms (TE7 and TE9 or PE2 and PE3), you can email a question to us using our popular Enquiry Form. Alternatively, you can contact our free Bailiff Advice Online helpline. Details are on our Contact page.