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 cases that we see, the TE7 and TE9 (or PE2 and PE3) forms had been poorly completed and this is likely to be the reason why almost 60% of these applications are currently rejected (this figure has come to us via a recent FOI request).
To assist with the Out of Time witness statement being accepted, great care needs to be taken when completing these forms and in particular given……that 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, then the warrant will be revoked and all bailiff fees removed. The local authority or Highways England (in relation to Dart charging) are given the opportunity to decide whether or not to allow you to file the witness statement/statutory declaration late (‘out of time’).
What are the grounds for completing an Out of Time witness statement?
The statutory regulations only allow for an Out of Time Witness Statement/Statutory Declaration to be filed 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).
Completing an Out of Time witness statement
It has to be remembered that an Out of Time witness statement or statutory declaration is a County Court application and as such, 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. If you require assistance with completing the forms please see below.
Note from Bailiff Advice
We have a significant amount of experience with the Traffic Enforcement Centre and have provided assistance to thousands of individuals with Out of Time statutory declarations/witness statements over the past ten years.
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.