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.
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 (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 submitting 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 (usually because all notices had been sent to a previous address)
- 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).
What happens if my Out of Time witness statement is rejected?
It is vitally important that your Out of Time witness statement is properly drafted. This is because; 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) but the problem here is that there is a court fee of up to £255 to have the decision reviewed !! Our page on this subject can be viewed here.
Completing an Out of Time witness statement
Motorists need to remember that 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 very difficult indeed to provide a ‘template’ 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. We have an entire page dedicated to this subject here.
Commentary from Bailiff Advice Online
We have been assisting motorists with drafting of Out of Time witness statements for the past 12 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.