Statutory Declaration — Out of Time Appeal Reset

Where a charge certificate has been registered as a debt in the county court and the motorist was unaware of the original PCN (e.g. it was sent to an old address), they can file a Statutory Declaration at the county court. This resets the enforcement process back to the Notice to Owner stage, allowing a full challenge to be made even years after the original PCN was issued. The declaration must state the grounds (e.g. never received the NtO, or that representations were duly made).

Legal basis

Traffic Management Act 2004 sch.7 para.6; Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 regs.21–22; County Court (Amendment No.2) Rules 1991

How to identify this in your case

You have received a court order for debt or bailiff action in relation to a PCN you never received (or whose appeal process you missed because you never received the NtO). You have grounds for a Statutory Declaration if: (a) you did not receive the NtO, (b) you appealed but representations were rejected without proper notice, or (c) a charge certificate was issued when representations were outstanding.

Sample appeal wording

IN THE COUNTY COURT STATUTORY DECLARATION I, [FULL NAME], of [ADDRESS], do solemnly and sincerely declare as follows: 1. I am the registered keeper of vehicle [REG PLATE]. 2. A Penalty Charge Notice numbered [PCN NUMBER] was allegedly issued in respect of this vehicle on [DATE]. 3. A charge certificate was registered as a county court debt, case number [COURT NUMBER]. 4. I make this Statutory Declaration on the following ground: [I did not receive the Notice to Owner in respect of this PCN / I made formal representations which were not decided within the 56-day statutory period]. 5. I respectfully apply for the order to be set aside and for the enforcement process to be reset to the Notice to Owner stage pursuant to Traffic Management Act 2004, Schedule 7, paragraph 6. And I make this solemn declaration conscientiously believing the same to be true. [SIGNATURE] [DATE]

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

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Sources

Traffic Management Act 2004 sch.7 para.6
Civil Enforcement of Parking Contraventions (England) General Provisions Regulations 2007 regs.21-22