Missed the deadline to file a Witness Statement?
An Out of Time application asks the Traffic Enforcement Centre for permission to file a late Witness Statement or Statutory Declaration. It's not a normal appeal against the original contravention. The correct form depends on your PCN type and enforcement route, the reason you're filing late genuinely matters, and it's not something worth guessing at.
Not a law firm. General information, not legal advice — check your own documents for the facts and forms that actually apply to you.
Stage
Late TEC application
Possible forms
TE7/TE9 or PE2/PE3, depending on notice type
Decision body
Traffic Enforcement Centre
Bailiff action
Paused while considered*
Example only — *where the official process applies to your case. Upload your own documents for your real position.
TE7/TE9 or PE2/PE3? It depends on your notice.
Different PCN types use different Traffic Enforcement Centre forms — this isn't a free choice, and using the wrong pair can hold up your case. This is a general guide, not a substitute for checking your actual notice.
TE7 + TE9
Parking PCNs and moving-traffic contraventions outside London
Generally applies to council parking PCNs and moving-traffic PCNs issued outside London on or after 1 June 2022, plus Dart Charge, Mersey Gateway, and Clean Air Zone charges (using dedicated TE7/TE9 variants for those schemes).
PE2 + PE3
London borough and TfL PCNs
Generally applies to PCNs from a London borough council or TfL — parking, bus lane, moving traffic, Congestion Charge, or ULEZ. PE3 has to be sworn before a Commissioner for Oaths, Justice of the Peace, or county court officer; TE9 doesn't.
Using the TE7/TE9 route? Read the dedicated TE7 & TE9 guide for exactly what each form does. On the PE2/PE3 route instead? Read the dedicated PE2 & PE3 guide.
Being late and having a valid ground aren't the same thing.
These forms answer two separate questions. Mixing them up is one of the most common mistakes in this process.
Out of Time application
Why are you filing late?
Witness Statement / Statutory Declaration
What statutory ground applies?
The out-of-time form should explain why the filing itself is late — not simply repeat why you dispute the original PCN. That belongs in the statement, and only if a genuine statutory ground applies.
What reasons can support an out-of-time application?
You need to give a specific, truthful reason why you couldn't file within the original deadline — not a general explanation of why you disagree with the PCN.
Circumstances that can be relevant include:
- Notices going to an old or incorrect address
- Serious disruption that genuinely prevented a response in time
- Genuinely not receiving the relevant documents
None of these guarantee acceptance — the Traffic Enforcement Centre decides based on the specific reason given, not a checklist.
What grounds can a Witness Statement use?
For parking PCNs, the grounds on the current official TE9 form are limited to:
If none of the statutory grounds applies, a Witness Statement should not be filed.
These forms contain statements of truth. Do not file a ground that is not genuinely true.
A Statutory Declaration is sworn, and a Witness Statement is a formal legal document — knowingly making a false statement in either is a serious matter, with real legal consequences.
How an out-of-time application is considered.
If refused
An N244 review has its own strict deadline — normally 14 days from the refusal decision — and a court fee applies. Fees can change, so check the current amount on GOV.UK before relying on any figure.
What happens to bailiff action?
Current GOV.UK guidance states that bailiffs are told to stop any action while an out-of-time challenge is being considered by the authority. This is a pause while it's under consideration, not a guaranteed permanent outcome, and it applies where the official process genuinely covers your case.
Already at the bailiff stage? Read that guideIf your application is refused
- The Traffic Enforcement Centre notifies you of the outcome
- A District Judge review may be available using form N244
- There's normally a short, strict deadline to request that review
- A court fee applies, and isn't guaranteed to be refunded
A review isn't guaranteed to succeed — the judge only considers whether there was good reason to file late, not the original contravention.
Out of Time Witness Statement FAQs
What is an Out of Time Witness Statement?
It's an application asking the Traffic Enforcement Centre for permission to file a Witness Statement or Statutory Declaration after the normal deadline on an Order for Recovery has passed. It isn't a normal appeal against the original contravention.
What is form TE7?
TE7 is the application to file a statement out of time (or request an extension of time), used alongside TE9. It's the "why is this late" form, not the statement of your grounds itself.
What is form TE9?
TE9 is the Witness Statement itself, setting out which recognised statutory ground applies to your case. It's generally used for parking PCNs and moving-traffic contraventions outside London (from 1 June 2022), plus Dart Charge, Mersey Gateway, and Clean Air Zone charges.
What are PE2 and PE3?
PE2 is the out-of-time application, and PE3 is the Statutory Declaration setting out your grounds — the London borough/TfL equivalent of TE7/TE9. PE3 has to be sworn before a Commissioner for Oaths, Justice of the Peace, or county court officer.
Do I need both forms?
If you're filing after the normal deadline, yes — the out-of-time application (TE7 or PE2) has to be submitted together with the statement itself (TE9 or PE3). Filing only one on its own isn't normally enough.
What if my PCN went to an old address?
This can be relevant both to why a filing is late and, separately, to whether a statutory ground (such as non-receipt) genuinely applies — but it doesn't automatically qualify you for either. Upload what you have so your actual position can be identified.
Can I file out of time because I disagree with the original ticket?
No. Disagreeing with the contravention isn't, on its own, a reason for filing late or a recognised statutory ground. The out-of-time form explains why the filing itself is late; the statement explains which specific statutory ground applies, if one genuinely does.
Does an out-of-time application stop bailiffs?
According to current GOV.UK guidance, bailiffs are told to stop any action while an out-of-time challenge is being considered by the authority. This is a pause while it's considered, not a guaranteed permanent outcome.
What happens if TEC refuses my application?
You're notified of the refusal, and you can ask for it to be reviewed by a District Judge using form N244. There's a strict deadline — normally 14 days from the date of the refusal decision — and a court fee applies.
What is an N244 review?
It's an application asking a District Judge to review a refused out-of-time request. The judge only considers whether there was good reason to file late — not the underlying parking contravention itself.
Can I make an Out of Time application after bailiffs are involved?
The process can potentially still be relevant even once enforcement has started, but the correct route depends heavily on your case history. Upload your documents so your actual position can be identified rather than assumed.
A completed Witness Statement or Statutory Declaration is priced from £20.00 once your ground and route are confirmed — checking your documents is always free.
Official sources used for this guide
Reviewed against official procedural guidance. Rules, forms and fees can change — this page is reviewed periodically, not on every change.
Last reviewed: August 2026
OverturnFine is an independent document-preparation service. It is not a law firm and does not provide legal advice, and it is not affiliated with any council, TfL, court, or UK government body.
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