To appeal a traffic offence after getting bailiffs is called an out of time statutory declaration, or an out of time witness statement.[1]
A statutory declaration is sometimes called a stat-dec.
If you don't know whether the traffic contravention is a moving or a non-moving offence, then call the Traffic Enforcement Centre (the TEC) on 0300 123 1059. Press 4 to skip the robot and be put in line to speak to an agent. They ask you to give the PCN number; it is two characters followed by eight numbers, then they ask you to complete a security check by giving them your postcode. If you recently moved or changed the address on your V5, give the postcode for your previous address, and if they accept it, then your address on the warrant of control is not current and is proof that the giving of the Notice to Owner (NTO) by post was not made,[2] (and the bailiff traced you and trying enforcement without giving you a statutory notice of enforcement).[3] Ask the agent whether the offence is a moving or a non-moving offence and they will tell you.
If the contravention is a moving traffic offence,[4] make a late (out of time) statutory declaration by downloading and completing a form PE2[5] and PE3.[6] You must have the completed forms sworn before a solicitor, who will charge £5 plus £2 per exhibit.[7]
If the contravention is a non-moving traffic offence, a dart-charge or merseyflow[8] make a late (out of time) witness statement by downloading and completing a form TE7[9] and TE9.[10]
You need the Penalty Charge Notice Number before completing the forms. The council or bailiff company can give it.
If you did not know about the traffic contravention debt until bailiffs contacted you, then:
On the form TE9, or the forms PE2/PE3, at the top right:
Applicant, enter UNKNOWN.
Location of Contravention, enter UNKNOWN
Date of Contravention, enter UNKNOWN.
Vehicle Registration Number, enter UNKNOWN.
If you complete this information with anything other than UNKNOWN, the court will assume you have foreknowledge of the traffic contravention, and refuse your witness statement or statutory declaration.
You must complete all the forms in BLOCK CAPS.
On the Form TE7/PE2/PE3, under Reason(s) enter something like:
I DID NOT KNOW ABOUT THE TRAFFIC CONTRAVENTION DEBT UNTIL AN ENFORCEMENT AGENT CONTACTED ME AT MY CURRENT ADDRESS ON [DATE]. THE TRAFFIC ENFORCEMENT CENTRE CONFIRMED THE ADDRESS ON THE WARRANT OF CONTROL IS MY PREVIOUS ADDRESS WHICH WAS [PREVIOUS ADDRESS AND POSTCODE], AND I ATTACH EVIDENCE OF LIVING AT MY CURRENT ADDRESS PROVING (UNDER SECTION 7 OF THE INTERPRETATION ACT 1978) THAT I WAS NOT GIVEN, OR SERVED ANY CORRESPONDENCE ABOUT THE TRAFFIC CONTRAVENTION DEBT.
If using the Form PE3, tick the box marked I did not receive the: Notice to Owner (Parking Contravention).
If using the Form TE9, tick, I did not receive the Notice to Owner / Penalty Charge Notice
You MUST attach evidence of your current address to prove you were not living at your V5 registered keeper address on the date the Notice to Owner was given (posted).[11] If you do not attach your evidence of your current address with your completed forms, the court officer will refuse your witness statement or statutory declaration.
If the bailiff took or clamped your car without giving you a Notice of Enforcement[3] you may recover damages for the breach.[13]
Send the completed forms and attach any evidence of your current address to tec@justice.gov.uk
After you have sent the completed forms to the Traffic Enforcement Centre by email, the enforcement power is suspended[11] and the enforcement power ceases to be exercisable.[12]
The court will not deal with your matter for at least 14 days after receiving your witness statement or statutory declaration.[14]
If you send incomplete forms, the court will ignore them,[15][16] but the law is silent on lifting the suspension of the enforcement power.
If the court accepts your witness statement or statutory declaration, the enforcement power ends[17] and the council must withdraw the warrant from the bailiff.[18]
If the court refuses your witness statement and the warrant shows a wrong address and the bailiff takes or threatens to take an enforcement step at your new address. Do not file a form N244.[19] You cannot recover your costs or court fees. Instead, you can recover all damages and losses because the warrant is a defective instrument.[20]
If bailiffs have already clamped or taken a vehicle and the warrant does not have your current address, give the bailiff company an opportunity to return it until the court decides the outcome of your witness statement or statutory declaration.[21]
If the court allows your appeal, you may recover damages for depriving you of the use of your car.[22]
Template letter.[23] Give the bailiff company and the authority to return your vehicle while the court decides your application. You may recover damages if your witness statement or statutory declaration is allowed.
Send by email and by post, and make a screenshot of the sent email recording the date you gave it, and get a certificate of posting from the post office.
[1] Practice Direction 5.1 of part 75 of the Civil Procedure Rules
[2] Section 7 of the Interpretation Act 1978
[3] Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Practice Direction 5.1(1) of part 75 of the Civil Procedure Rules
[5] Form PE2: Download from HM Court Service Website
[6] Form PE3: Download from HM Court Service Website
[7] Section 2 of the The Commissioners for Oaths (Fees) Order 1993
[8] Practice Direction 5.1(2) of part 75 of the Civil Procedure Rules
[9] Form TE7: Download from HM Court Service Website
[10] Form TE9: Download from HM Court Service Website
[11] Practice Direction 8.1 of part 75 of the Civil Procedure Rules
[12] Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[13] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[14] Practice Direction 5.4 of part 75 of the Civil Procedure Rules
[15] Practice Direction 5.6 of part 75 of the Civil Procedure Rules
[16] Paragraph 8(1) of Schedule 6 of the Road Traffic Act 1991
[17] Civil Procedure Rule 75.8(b)
[18] Civil Procedure Rule 75.8(c)
[19] Practice Direction 6.1 of part 75 of the Civil Procedure Rules
[20] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[21] Practice Direction 3 of the Pre-Action Conduct and Protocols
[22] Section 3 of the Torts (Interference with Goods) Act 1977
[23] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
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