Late court response
Out-of-time statutory declaration or witness statement? Start with the notice
The phrase 'out-of-time statutory declaration' is often used broadly, but the correct forms depend on the contravention. Many parking cases use TE7 with TE9; some moving-traffic and emissions cases use PE2 with PE3.
The phrase 'out-of-time statutory declaration' is often used broadly, but the correct forms depend on the contravention. Many parking cases use TE7 with TE9; some moving-traffic and emissions cases use PE2 with PE3.
Why the terminology matters
TE9 is titled a witness statement. PE3 is titled a statutory declaration. Both concern traffic enforcement, but they are not interchangeable.
GOV.UK's court-order guidance separates parking and certain moving-traffic cases from other categories. Your notice and the official form collection are the safest starting points.
The usual form pairings
Practice Direction 75 describes the out-of-time application and the statement or declaration that accompanies it.
- TE7 application with TE9 witness statement for relevant parking cases.
- PE2 application with PE3 statutory declaration for relevant traffic-enforcement cases.
- Different versions exist for Dart Charge, Mersey Gateway and clean-air-zone cases.
Build the late-filing timeline
The timing application should explain why the statement or declaration was not filed within the original period. Keep the original contravention dispute separate.
- Date of the notice or first awareness
- Address history
- Relevant post, travel or health events
- Date you acted after discovering the enforcement
Do not rely on labels from third-party websites
Download the current forms from GOV.UK or HMCTS and compare them with the form reference on your court notice. If unsure, contact the Traffic Enforcement Centre using official contact details.
Check the primary record
Official sources used for this guide
Open the current source before acting. Forms, addresses and procedures can change.
- GOV.UKAppeal against a penalty charge notice: if you get a court orderThe official 21-day deadline, permitted challenge grounds and what can happen next.
- HM Courts & Tribunals ServiceTraffic Enforcement Centre formsThe official collection for TE7, TE9, PE2 and PE3 traffic-enforcement forms.
- Civil Procedure RulesPractice Direction 75 - Traffic EnforcementThe court procedure for in-time and out-of-time witness statements and statutory declarations.
Questions from the notice desk
Frequently asked questions
Is TE7 a statutory declaration?
No. TE7 is the application for more time. TE9 is a witness statement. PE3 is the form titled statutory declaration.
Can I submit only the late application form?
The official procedure normally requires the corresponding completed witness statement or statutory declaration as well.
Which form applies to my PCN?
Check the Order for Recovery, contravention type and the current GOV.UK court-order guidance before choosing a form.
Your next practical step
Turn the paperwork into a clear timeline
Use the guided assessment to organise your notice details and prepare the relevant TE7/TE9 information. It does not submit anything or guarantee a court outcome.