Mistakes on Out of Time Witness Statements
Every day we receive enquiries from individuals seeking advice after they had received a letter from the Traffic Enforcement Centre informing them that their application to file an Out of Time witness statement had been refused. In the vast majority of rejections, the fault is usually because of mistakes on Out of Time Witness Statements (TE7 and TE9 or PE2 and PE3). Another major problem is that motorists frequently draft these forms using their mobile phones and provide almost no background information.
To assist with the Out of Time witness statement being accepted, care needs to be taken when completing these forms. This is all the more important because, if the application is rejected, there is a court fee of up to £255 to have the decision reviewed !! Our page on this subject can be viewed here.
Will the warrant be cancelled if I submit an Out of Time witness statement?
If the application is accepted, the warrant will be revoked and all bailiff fees removed. The local authority (or Dart Charge) will reissue you with a new Penalty Charge Notice. You should then be able to pay at the earlier discounted rate.
What are the grounds for completing an Out of Time witness statement?
An Out of Time Witness Statement/Statutory Declaration may be filed on one of the following four specific grounds. These are that:
- You did not receive a Notice to Owner/Penalty Charge Notice
- That you appealed the PCN within 28 days of service but you had not received a Notice of Rejection.
- That within 28 days from receiving the Notice of Rejection, you further appealed to the Parking Adjudicator but had not received a response.
- That you had paid the penalty in full (before a warrant had been issued).
Completing an Out of Time witness statement
Please take note; an Out of Time witness statement or statutory declaration is a County Court procedure. Consequently; great care needs to be taken when drafting the TE7 and TE9 (or PE2 and PE3) forms.
Help with completing an Out of Time Witness Statement
As no two cases are the same, it is unfortunately very difficult for us to provide too much information on how to complete the Out of Time Witness Statement/Statutory Declaration. Each case is individual. If you require assistance with completing the forms please see below. We charge a fee of £45 for this service. We substantially reduce our fees in cases where there is more than one penalty charge notice involved.
Commentary from Bailiff Advice
Over the past 12 years, we have gained significant experience of drafting Out of Time witness statements. If you require assistance with completing the TE7 and TE9 or (PE2 and PE3), 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.