Clean Air Zone (CAZ) and Out of Time Witness Statement-TE7 & TE9
If you have received a letter, a text message or a visit from a bailiff/enforcement agent in relation to a Clean Air Zone (CAZ) PCN that you were unaware of, it will usually be because all previous correspondence had been sent to a previous address. Fortunately, legislation is in place enabling you to request that the debt (including bailiff fees) be cancelled. This is done by submitting what is called an Out of Time Witness Statement (TE7 and TE9) and sending it to the Traffic Enforcement Centre (TEC). If your application is accepted, the local authority will issue a new Clean Air Zone PCN. You will then be able to pay the charge at the earlier discounted rate.
What is an Out of Time witness statement?
Many times motorists are advised to complete forms TE7 and TE9 when they speak with the local authority following a letter or visit from a bailiff regarding a Clean Air Zone (CAZ) penalty that they had been unaware of. Sadly, the motorist is very often given the impression that by simply completing theses forms will result in a new penalty charge notice being issued. This is simply NOT TRUE (see below).
Any motorist considering submitting such an application should not do so without first understanding;…..what is an Out of Time Witness Statement? We have therefore provided this new page to our website.
A Word of Warning.
Motorists should not be fooled into believing that because the forms look easy to complete, that their application will be accepted. An Out of Time witness statement is a County Court procedure. Unless you have previously drafted court documentation, you really should not be submitting these applications without seeking advice beforehand. You can email a question to us using our Enquiry Form.
Sadly, it is usually because of poorly drafted Out of Time or late witness statements that approx 65% of Out of Time witness statements are rejected. If this happens, legislation has provided that the rejection can be reconsidered by a Judge. Unfortunately, there is a court fee of up to £303 for such an application. Worse still, this fee applies to EACH Clean Air (CAZ) PCN number that was rejected.
Why was correspondence sent to my previous address?
Usually because the V5C/Log Book had not been updated with DVLA following a change of address. When a vehicle makes a journey into any of the Clean Air Zones (CAZ) in the country, CCTV cameras will record the number plate of the vehicle. A request is then made to DVLA for the name and address of the registered keeper. As the vast majority of vehicle owners pay their road fund licence online, they are unaware of the requirement to update BOTH their V5C Log Book AND driving licence when they move. This is very common mistake indeed.
I did not update my V5C (Log Book) when I moved, can I still file a late Witness Statement?
You certainly can and in fact; the vast majority of enquiries that we receive are from motorists who had forgotten to update their address details on their V5C (Log Book) with DVLA when they moved house.
I have had to make payment to a bailiff. Can I still submit an Out of Time witness statement?
You certainly can and, if your application is accepted, you will be entitled to a full refund of all monies paid to the enforcement company. If you have any questions on this point, please feel free to contact us.
Correspondence had been sent to the vehicle hire company or finance company.
If you hire a vehicle and fail to pay the daily fee for driving into a Clean Air Zone (CAZ), notices from the local authority will be sent to the registered keeper…..this would be the hire company. They in turn will request that liability be transferred to the hirer. The hire company would rely upon the name and address provided at the time of hire. Another problem that we see quite often is where the V5C (Log Book) is held by the finance company. If you move address, you must remember to inform the finance company.
I updated my driving licence when I moved so DVLA were aware of my address.
It’s not quite as simple as that I’m afraid. A driving licence is confirmation that you have passed a test enabling you to drive a particular class of vehicle. On the other hand, the V5C (Log Book) is the registration certificate for a particular vehicle. We receive an astonishing number of enquiries from the public regarding correspondence going to a previous address. Of interest, is that in the vast majority of cases, motorists remembered to update their driving licences….but forget to update their Log Book!!
How do I update my V5C (Log Book) with DVLA with my new address?
Updating your V5C (Log Book) is really simple if using the DVLA online service. You will need to have your V5C (Log Book) to hand as you will be required to input the 11 digit numbers featured on the front page. If using the DVLA online service, you should expect to receive an updated V5C within 7 days.
What are the grounds for filing a Dart Charge Out of Time Witness Statement?
A Clean Air Zone (CAZ) Out of Time Witness Statement can be submitted on four specific grounds; the most common of which is that
- You did not receive a Clean Air Zone PCN Penalty (usually because all notices had been sent to a previous address).
- You appealed the Clean Air Zone PCN within 28 days of service but did not receive a Notice of Rejection.
I have multiple Clean Air Zone PCN’s
If you have a bailiff/enforcement company seeking to enforce more than one Clean Air Zone PCN that you had been unaware of, you would need to submit separate Out of Time witness statements for each PCN number. If you have multiple Clean Air Zone (CAZ) PCN’s that you had been unaware of, please consider seeking advice from us before you submit Out of Time witness statements.
I submitted a Clean Air Zone Out of Time Witness Statement, what happens now?
We receive so many enquiries from motorists asking what will happen once that they have sent an Out of Time witness statement to the Traffic Enforcement Centre that we introduced this Traffic Enforcement Centre FAQs page to our website. It has proven to be a popular page !!
Will the debt be cancelled if I file an Out of Time witness statement (TE7 and TE9?)
Only if a decision is made to accept your application will the debt (including bailiff fees) be cancelled. A decision usually takes around 6-8 weeks. A new Clean Air Zone PCN may be issued allowing you to pay at the earlier discounted rate.
What happens if my Out of Time witness statement (late appeal) is refused?
Bailiff enforcement will recommence. There is an option to have the rejection reviewed at court. Unfortunately, a court fee of up to £303 is payable for each refusal that you wish to have reviewed. Needless to say, these applications are few and far between.
Help with drafting a Out of Time Witness Statement
Since the various Clean Air Zone (CAZ) were introduced in the UK, we have been assisting motorists with drafting Out of Time witness statements (TE7 and TE9). With over 12 years experience, we know what information needs to be provided in order to improve the chance of the application being accepted and the debt cancelled. Because of our long experience with drafting these applications, a very high percentage are accepted and we are justifiably proud of this position. If you require our assistance, please see our contact details below. We charge a fee of £45 for this service. In cases where there are multiple Clean Air Zone PCN’s we substantially discount our fees.
Commentary from Bailiff Advice Online
If you require assistance with drafting of your Out of Time witness statement forms TE7 and TE9, you can email a question to us using our online Enquiry Form.
Alternatively, can contact our free Bailiff Advice helpline on 01643 841886. Our opening times can be found on our Contact page.
Lastly, our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.