TfL and Out of Time Statutory Declaration
Approx 250,000 Out of Time Applications are submitted to the Traffic Enforcement Centre each year. A very large percentage of these relate to an unpaid PCN issued by Transport for failure to pay the TfL Congestion Charge or ULEZ fee.
If you have received a letter, a text message or a visit from either Marston Recovery, CDER Group or Bristow & Sutor in relation to a TfL penalty that you were unaware of, it will usually be because all correspondence had been sent to a previous address. Fortunately, legislation is in place enabling you to request that the debt registration (and bailiff fees) be cancelled. This is done by submitting what is called an Out of Time Statutory Declaration (forms PE2 and PE3) and sending them to the Traffic Enforcement Centre (TEC). If your application is accepted, Transport for London will issue you a new Penalty Charge Notice. You will then be able to pay the charge at the earlier discounted rate.
What is an Out of Time Statutory Declaration?
Motorist considering submitting such an application should not do so without understanding;…..what is an Out of Time Statutory Declaration? We have therefore provided this page to our website.
A Word of Warning.
From latest figures released by the government, 400,000 warrants of control are passed to bailiff companies each month. A large percentage of these, relate to an unpaid ULEZ or Congestion Charge PCN issued by Transport for London. As outlined above, approx. 250,000 Out of Time applications are submitted to the Traffic Enforcement Centre each year, a high proportion of these are submitted because all correspondence from Transport for London had been sent to a previous address.
Motorists should not be fooled into believing that because the forms look easy to complete, that their application will be accepted. 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 Statutory Declarations that approx. 60% of Out of Time applications are rejected. If this happens, legislation allows for the rejection to be reviewed by a District Judge without a hearing. Unfortunately, a court fee of £123 is currently charged. Worse still: this fee applies to EACH Out of Time Statutory Declaration 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 enter the TfL congestion charging or ULEZ zone without making payment, Transport for London will make a request to DVLA for the name and address of the registered keeper. Most vehicle owners pay their road fund licence online, and are unaware of the requirement to update their V5C (Log Book) when they move. Its important to ensure that your driving licence is also updated.
I did not update my V5C (Log Book) when I moved, can I still file an Out of Time Statutory Declaration?
Yes, in fact; almost every enquiry that we receive is 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 Statutory Declaration?
You certainly can. And; if your application is accepted, you will be entitled to a full refund (including bailiff fees). If you have any questions on this point, please feel free to contact us.
Correspondence from TfL been sent to the vehicle hire company or the finance company.
If you hire a vehicle and fail to pay either the Congestion Charge or ULEZ fee, all notices from Transport for London 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 (usually from your driving licence). Make sure that it has your current address. 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 remember to update their driving licences….but forget to update their Log Book!!
What are the grounds for filing a Transport for London Out of Time Statutory Declaration?
An Out of Time Statutory Declaration for a TfL congestion charge or ULEZ PCN can be submitted on four specific grounds; the most common of which is that:
- You did not receive a Penalty Charge Notice from TfL (usually because all notices had been sent to a previous address).
- You appealed the PCN to TfL within 28 days of service but did not receive a Notice of Rejection.
I have multiple ULEZ or Congestion Charge PCN’s
If you have Marston Recovery, CDER Group or Bristow & Sutor Ltd seeking to enforce more than one TfL Penalty that you had been unaware of, you would need to submit separate Out of Time Statutory Declarations (forms PE2 and PE3) for each PCN number. If you have multiple TfL PCN’s that you had been unaware of, please consider seeking advice from us before you submit Out of Time Statutory Declarations.
I submitted an Out of Time Statutory Declaration, what happens now?
Please see our popular Traffic Enforcement Centre FAQs webpage.
Will the debt be cancelled if I file an Out of Time Statutory Declaration (forms PE2 & PE3)?
Only if a decision is made to accept your application will the debt (including bailiff fees) be cancelled. A decision usually takes around 8 weeks. If accepted, a bailiff fees are removed and TfL will re-issue the PCN (allowing you to pay at the earlier discounted rate).
What happens if my Out of Time Statutory Declaration is refused?
Bailiff enforcement will recommence. There is however an option to have the rejection reviewed by a District Judge within 14 days. You would not be required to attend court. A court fee of £123 is payable This fee is charged for each refusal that you wish to have reviewed. This page will assist you.
Help with drafting a Dart Charge Out of Time Witness Statement
Bailiff Advice Online has been assisting motorists with drafting Out of Time Statutory Declaration for over 12 years. Consequently; we know what information needs to be provided in order to improve the chance of the application being accepted and the debt registration 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 PCN’s we substantially discount our fees.
Commentary from Bailiff Advice Online
If you require assistance with drafting of your Out of Time Statutory Declaration forms PE2 & PE3, you can email a question to us using our online Enquiry Form.
Alternatively, can contact our free Bailiff Advice Online helpline. 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.