Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: zerotonin on January 28, 2026, 06:52:07 pm
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But the key point stands: out-of-time statutory declarations are about non-receipt of the PCN, not arguing the merits or blame of the contravention.
Not quite I'm afraid. With an unpaid PCN, a Witness Statement or Statutory Declaration should be sent to the Traffic Enforcement Centre within 21 days of an Order for Recovery being issued. If sent within that time frame, the Order for Recovery will automatically be revoked and the Charge Certificate cancelled. The local authority will then re-issue the PCN to you.
If you were unable to submit the witness statement within 21 days of the OfR being issued, (usually because of a change of address), legislation (Para 4.1 of CPR 75) allows you to make an application for a longer period than 21 days to be given for filing the witness statement. This is what is referred to as an Out of Time Witness Statement.
On the form PE2 or TE7 (Application to file witness statement 'out of time', you are specifically required to outline the REASON as to WHY you had been unable to file the witness statement within 21 days of the Order for Recovery being issued.
What is an Out of Time Witness Statement (https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/what-is-an-out-of-time-witness-statement)
Bailiff Advice Online
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Yes we do know that the contravention is irrelevant at this stage....
So what did you put as your reasons on the PE2? That is useful info.
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@stamfordman Just to close the loop my PE2/PE3 applications were accepted and the Orders for Recovery and Charge Certificates have been revoked.
It took about 3 months going through the TEC process, but the key point stands: out-of-time statutory declarations are about non-receipt of the PCN, not arguing the merits or blame of the contravention.
Might be worth reflecting that in future advice for similar cases.
Indeed yes, it is only about what has gone wrong in the process, the PCN remains outstanding after TEC accept the submission,
However, OOTs are not accepted automatically. Any Out-of-Time submission, (Witness Statement or Statutory Declaration), is passed by TEC to the enforcing authority who can and invariably do object to it, whereupon TEC reject it, so you have been remarkably lucky, good for you, well done, but it doesn't set a precedent. Maybe TEC have made changes to their decision-making process, but normally objections by authorities result in refusal of the submission.
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@stamfordman Just to close the loop my PE2/PE3 applications were accepted and the Orders for Recovery and Charge Certificates have been revoked.
It took about 3 months going through the TEC process, but the key point stands: out-of-time statutory declarations are about non-receipt of the PCN, not arguing the merits or blame of the contravention.
Might be worth reflecting that in future advice for similar cases.
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To add, I'm less concerned with paying the original PCN amount, I can take responsibility here. I am more keen to stop the bailiff enforcement progressing and hopefully resetting the accrued fees.
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February 2025 :(
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When did you move.
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Hi, thanks for your reply.
Ah, I mistakenly believed that sending a TE7 and TE9 for each PCN was a statutory declaration :/
I updated the logbook many months after moving sadly.
Is this still salvageable?
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You need to make statutory declarations not witness statements against these tunnel PCNs so TEC will reject.
Maybe just as well as we can help you get it right.
Did you update the logbook after moving though? If you didn't out of time efforts are often rejected.
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Hi all,
Im looking for advice on two TfL PCNs that escalated to bailiff enforcement without me receiving any statutory notices.
Authority: Transport for London (Road User Charging silvertown tunnel charges)
PCNs:
YJ76776465
YJ7708848A
Status: Bailiff stage (Bristow & Sutor) warrants issued Dec 2025
TE7 / TE9: Out-of-time applications submitted to TEC (awaiting registration/decision)
Background / Timeline
Contraventions appear to be 26 July 2025 and 1 August 2025.
I did not receive the PCNs, Charge Certificates, or Orders for Recovery.
I had moved address and had not yet updated the V5C, so notices were sent to my old address.
I only became aware of the matter when bailiff letters arrived mid-January 2026.
I submitted TE7 and TE9 for both PCNs immediately on discovery.
Bailiffs (Bristow & Sutor) are pressing for payment but have been informed that TE7/TE9 are pending.
Auto Pay
TfL Auto Pay was set up on 2 August 2025 (confirmation letter available).
I now understand Auto Pay would not have covered the July / 1 August contraventions, which I accept.
However, I received no statutory notices at all, so had no opportunity to deal with the PCNs before enforcement.
Current position
TE7/TE9 submitted to TEC (email confirmation received).
Bailiffs say they act only on TfL instruction and are continuing to demand payment.
I live in a secure apartment with intercom, car is in an underground car park, and the vehicle registration has since changed.
What Im seeking advice on
Whether my TE7/TE9 grounds (non-receipt due to address change) are sound given the timeline.
Whether there is anything else I should be doing while TEC processing is pending.
Assuming TE7/TE9 are accepted, the best way to handle matters with TfL once the PCNs are reissued.
I havent contacted TfL substantively yet and have not paid anything.
Ill upload copies of:
Bailiff letters
TEC auto-reply
Auto Pay confirmation letter
Agent chat logs with the balliffs
Anything else you need
Thanks in advance for any guidance, much appreciated.