Statutory Declaration - Driver Not Identified

The registered owner can submit a statutory declaration identifying the driver at the time of the alleged offence, transferring liability where the offence is driver-based. Useful in employer fleet, family vehicle, and rental car situations.

Legal basis

Road Traffic Act 2010 s.35; Road Traffic Act 2014 amendments; Statutory Declarations Act 1938.

How to identify this in your case

Use where registered owner was not the driver/parker. Most useful for employer fleet, lent vehicles, and rentals.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

STATUTORY DECLARATION I, [NAME], of [ADDRESS], do solemnly and sincerely declare: 1. I am the registered owner of [REG]. 2. I have received FCN [NUMBER] in respect of an alleged offence on [DATE] at [LOCATION]. 3. I was not the driver or person in charge of the vehicle at that time. 4. The driver was: Name: [DRIVER NAME] Address: [DRIVER ADDRESS] DOB: [DOB] Driving Licence: [DLN] 5. I make this Statutory Declaration conscientiously believing it true and by virtue of the Statutory Declarations Act 1938. Declared before me by the said [NAME] this [DAY] of [MONTH] [YEAR] at [PLACE]. _________________ [Solicitor / Commissioner for Oaths / Peace Commissioner]

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

Statutory Declaration - Driver Not Identified

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps