Which to use For Which Offence. PE2/3, TE7/9.

[dx100uk]

For all LOCAL authority issued parking contraventions....Forms TE7 and TE9 are needed.

For all LOCAL authority CCTV contraventions (bus lane, yellow box junctions, no right turn etc....Forms PE2 and PE3 are needed.

 

For Transport for London congestion charges ....forms PE2 and PE3 are needed.

 

For ULEZ PCN's use the online system Challenge a PCN - Transport for London (tfl.gov.uk)

 

For unpaid Dartford Crossing tolls....Forms TE7 and TE9 are needed.

 

For unpaid Merseyflow tolls....Forms TE7 and TE9 are needed.

 

please note

 

Out of Time Witness Statement forms (TE7 and TE9) do NOT require a signature to be witnessed. 

[AndyOrch]

https://www.gov.uk/government/publications/form-te7-application-to-file-a-statement-out-of-time-extension-of-time-parking

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/964672/pe3-guidance-eng.pdf

 

https://www.gov.uk/government/publications/form-te9-witness-statement-unpaid-penalty-charge-parking

[dx100uk]

https://www.gov.uk/government/publications/form-pe2-application-to-file-a-statutory-declaration-out-of-time

 

https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

[dx100uk]

 Bailiff Advice

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Registered Users

If a motorist is submitting  an 'In Time' Statutory Declaration' (in other words, the Stat Dec is submitted to TEC within 21 days of the Order for Recovery being issued, then he will only need to provide a brief outline such as:

'I would like to request that the debt registration be cancelled and a new Penalty Charge Notice issued as I was unable to pay the charge at the earlier discounted rate as I only became aware of this moving traffic offence a few days ago when I was able to collect items of post from a previous address'. 

His Statutory Declaration will AUTOMATICALLY be accepted and a new Penalty Charge Notice issued allowing him to pay at the earlier discounted rate. 

If however, the motorist is unable to submit a Statutory Declaration within 21 days of the Order for Recovery being issued,  (usually because he only became  aware of the Penalty after being contacted by a bailiff,) then he will still be able to submit a Statutory Declaration.

The difference between submitting the Stat Dec 'In Time' (i.e: within 21days of the OfR being issued) and 'Out of Time' (after the 21 days has expired) is that in ADDITION to submitting a Statutory Declaration, he will also have to submit a second  formal document to 'seek permission' to allow him to submit his Statutory Declaration LATE (in other words 'Out of Time').

Also, and this is very important, his application will not automatically be accepted. Instead, the Traffic Enforcement Centre contact the local authority to ask them whether or not they will allow the motorist to 

In doing so, he will be required to also complete form PE2 (entitled:  Application to file a Statutory Declaration 'Out of Time'. 

Crucially, on this form the motorist is required to provide HIS REASONS for filing his Statutory Declaration LATE (in other words, outside of the legally required 21 days from receipt of the Order for Recovery. And this is where there is always a problem. Motorists fail to understand this point.

It is ALWAYS the case that when completing form PE2 that the motorist provide the REASON why he could not file his Statutory Declaration within the legal timeframe. Such as, that he has only just become aware of the penalty because all prior correspondence had been sent to his previous address etc, etc. 

Email is always the correct option for these 'time' sensitive applications. 

If a PCN remains unpaid after 28 days, the motorist loses the right to appeal or to pay at the earlier discounted rate.

A  Charge Certificate will then be issued and the debt increases by 50%.

If payment is not made within 14 days, the local authority may REGISTER the debt at the Traffic Enforcement Centre. A 'registration fee' of £9 will be added.  Registration does not mean that a judgment will be entered.

When registering the debt, the local authority will issue a 3rd notice called an Order for Recovery. The  motorist has 21 days to EITHER...pay the amount outstanding....OR...file the attached Statutory Declaration (or Witness Statement).

A valid Statutory Declaration (Witness Statement) submitted within 21 days will ALWAYS revoke the debt registration. It is important to stress that this will not mean that the PCN itself is cancelled. The local authority  can then reissue the original PCN and the motorist may then either appeal...or pay at the earlier rate. 

A Statutory Declaration /Witness Statement (form PE3 or TE9) may still be submitted AFTER 21 days, but it will have to be accompanied by an additional form called Form PE2 or TE7 (Application to file a Statement Out of Time/Extension of Time).

Such an application will NOT automatically revoke the debt registration.

Instead, TEC will forward the application forms to the relevant local authority and the council are given 19 business days in which to decide whether they are willing to accept the reason given by the motorist as to why they could not file their Witness Statement/Stat Dec within 21 days.

If the local authority refuse to accept the reason given, the motorist can then file an N244 Application. There is a fee to pay of £109...or £275 for a hearing in person.