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, the fault is usually due to poorly drafted forms (TE7 and TE9 or PE2 and PE3). Unfortunately, motorists frequently draft these forms using their mobile phones and consequently, they 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, National Highways (Dart Charge) or Merseyflow 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 to the council 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 of control 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 forms (TE7/TE9 or PE2/PE3) are 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, and worse still, the fee is payable for each PCN. Our page on this subject can be viewed here.
Completing an Out of Time Witness Statement/Statutory Declaration.
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 forms (TE7 and TE9 or PE2 and PE3).
I need help with completing an Out of Time Witness Statement forms (TE7 and TE9)
As no two cases are the same, it is very difficult for us 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. However, in cases where you may have more than one penalty charge notice, we substantially reduce our fees for the additional applications. We have an entire page dedicated to this subject here.
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 helpline. Details are on our Contact page.