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Witness statement out of time - when can you use this?


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The TEC have returned my statutory declaration - unpaid bus lane penalty charge - because I simply missed the fact that I need to put both my name and address in the box on the form - I just put my address. I did sign the form, and as far as I am concerned my name is clear from the signature.

 

I am now just 1 day over the 21 days from date of service for order of recovery. (the first letter from tec)

 

I am a little lost as to what to do next.

 

TEC said they had sent me a witness statement out of time form with the rejection - it actually wasn't included in the letter. I have found the forms online however

 

1. Can I just add my name to the statutory declaration form and return it to them or do I have to go back again to a solicitor to get it re-signed/re-witnessed?

 

2. Will I be charged for filing a witness statement out of time by the TEC?

 

3. On what grounds can I file a valid out of time as I clearly made a mistake on the original statutory declaration? I read elsewhere Witness statements out of time are frequently rejected by both the council and the TEC.

 

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1. Can I just add my name to the statutory declaration form and return it to them or do I have to go back again to a solicitor to get it re-signed/re-witnessed?

 

I suppose that technically you should have it re-witnessed, but I wouldn't bother. I'd just add my name in the box. However, I don't know if they will accept it as it is out of time now.

 

Best thing to do is phone TEC and ask them where you stand. If they won't agree to accept it now, then you'll have to use the out of time forms instead.

 

2. Will I be charged for filing a witness statement out of time by the TEC?

 

No.

 

However if your solicitor is charging you for witnessing it, then you can opt to sign and have it witnessed free by a commissioner of oaths at your local COUNTY court. Ask at the reception desk.

 

3. On what grounds can I file a valid out of time as I clearly made a mistake on the original statutory declaration? I read elsewhere Witness statements out of time are frequently rejected by both the council and the TEC.

 

Your grounds for filing it will be the same. However you also need to satisfy the local authority that you have a good reason for it being out of time, as they now have a choice over whether they will accept it. You are correct, a high number are rejected. Whether yours is accepted or not remains to be seen, so if you can get TEC's agreement to re-accept your in time, then you'd be helping your case. As I say, I don't know whether they will.

 

All you can do is try your best and see what happens,

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I'm not sure that I do have a good reason for being out of time (though possibly I could argue postal strike), other than I made a mistake on the form. If I hadn't done that I'd be in time. What's made it out of time is the time they took to read the form and send it back to me with a rejection.

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You can try and get TEC to agree to accept the in-time one, if you explain the situation. If they agree, you can send it to them and they will deal with it as if it is a normal in-time one.

 

They may say no, in which case all you can do is file an out of time one instead and hope the council is willing to be reasonable about it. It's their decision though...

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