NI Statutory Declaration Process — Specific Requirements

In Northern Ireland, where a parking charge has been registered as a debt through the courts and the motorist wishes to challenge it, a statutory declaration may be required. The NI statutory declaration process has specific requirements around the grounds on which a declaration can be made, the timeframe, and the court before which it must be sworn. Using the wrong form or process, or failing to accept a valid statutory declaration, is a ground to have enforcement stayed.

Legal basis

Magistrates' Courts (Northern Ireland) Order 1981; Statutory Declarations Act 1835; Traffic Management (Northern Ireland) Order 2005

How to identify this in your case

You have received an Order for Recovery or a charge registered as a court debt in Northern Ireland and believe you were never properly served with the original PCN. A statutory declaration allows you to rewind the enforcement process and re-enter an appeal.

Sample appeal wording

I am writing to advise that I intend to make a statutory declaration in respect of Order for Recovery [reference number]. I declare that I did not receive: [ ] The original Penalty Charge Notice [ ] The Notice to Owner [ ] The Charge Certificate [ ] The Order for Recovery I was therefore denied the opportunity to make representations or pay at the reduced rate. I am making a statutory declaration before a solicitor / magistrates' court in Northern Ireland and request that enforcement be stayed pending the outcome of this process. Please confirm receipt of this letter and provide your authorised representative's details so that the statutory declaration process can proceed correctly under Northern Ireland procedure.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

Traffic Management (Northern Ireland) Order 2005
Statutory Declarations Act 1835