If your Statutory Declaration is successful it does NOT mean that the PCN has been cancelled. Further, a deliberately false statutory declaration is an offence. All bailiff enforcement will be suspended while a decision is being made. Another problem that we see quite often is where the V5C is held by the finance company. We use some essential cookies to make this website work. Oaths and affirmations are solemn promises to tell the truth; the main difference is that oaths are generally sworn by religious or spiritual persons before a deity, whereas affirmations are not made before a deity (and are therefore generally made by non-religious persons). Gather evidence of your current address and email the completed forms with the evidence (if any) to: Put the PCN number in the subject line of your email and attach the completed forms. Well, we have, and in case you have too, wed like to share with you the below guide on who can sign what. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Complete the form TE7, out of time statement. DOC Statutory Declaration - unpaid penalty charge - GOV.UK Such an application is madeby way of an N244 Application. This guide to the enforcement process and challenging the PCN is for information only. When you have emailed the forms to the TEC, Enforcement is suspended, the law says: all goods ceases to be bound and the appeal will show on the bailiff's mobile device in real time. If your Statutory Declaration is accepted by TEC and was made on ground 1, "You did not receive a PCN", we will reissue the PCN allowing you to pay or make a representation. These can range from widespread . It is a very popular page !! PE3 Guidance Notes (05.14) Title: Statutory . The statutory declaration (SI 210 of 2020) (pdf) must be signed in the presence of a Notary Public, Peace Commissioner or a Commissioner for Oaths or a registrar of a civil registration service authorised to take and receive statutory declarations. If you send incomplete forms, the court will ignore them,[15][16] but the law is silent on lifting the suspension of the enforcement power. Dont include personal or financial information like your National Insurance number or credit card details. If a warrant has been issued by Merseyflow, it will be enforced by Marston Holdings. If you pay the PCN as well as making an appeal to get a vehicle back from the pound, the appeal will be dismissed with the answer "the authority has reported that the PCN has been paid". The rejection will be passed to an Officer of the Court. If your application is refused and you wish to make further applications there will be a fee involved. Note: the Statutory Declaration is not a chance to complain or challenge the reason why the PCN was issued. This does NOT apply if you just forgot to pay it, mislaid it or forgot to make a representation. If accepted, the letter will advise you that the Order for Recovery has been revoked. If so, the Penalty Charge Notice would be sent to the hire company. Do not file a form N244. Penalties apply for making a false statutory declaration, including fines and imprisonment. THE TRAFFIC ENFORCEMENT CENTRE CONFIRMED THE ADDRESS ON THE WARRANT OF CONTROL IS MY PREVIOUS ADDRESS WHICH WAS [PREVIOUS ADDRESS AND POSTCODE], AND I ATTACH EVIDENCE OF LIVING AT MY CURRENT ADDRESS PROVING (UNDER SECTION 7 OF THE INTERPRETATION ACT 1978) THAT I WAS NOT GIVEN, OR SERVED ANY CORRESPONDENCE ABOUT THE TRAFFIC CONTRAVENTION DEBT. It does not apply if you received a reply you disagreed with or if we refused to consider your representation because it was late, You appealed toLondon Tribunalsagainst our decision to reject your representation, within 28 days of the service of the rejection notice, but you have had no response to your appeal. We have an entire page on this subject here. a legal practitioner is a person who holds a current practising certificate. You may need a statutory declaration for many reasons, such as: confirming your personal details financial matters health matters evidence for sick leave If you make a false statement on purpose, you can be charged with an offence. Unsurprisingly, an authorised witness varies from one jurisdiction to another. Please let me know if it isn't relevant and/or formatted correctly. APS employee with five or more continuous years of service, Employee of a Commonwealth authority (ie, Commonwealth entity or Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA Act)) engaged on a permanent basis with 5 or more years of continuous service, Senior executive of a Commonwealth authority, Person employed under the Public Sector Management Act 1994 Part 3, Person employed under the Public Administration Act 2004 (VIC) Part 3 with a prescribed classification, Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service, A non-commissioned officer with five or more years of continuous service. This is not a County Court Judgement and will not affect your credit rating. Well send you a link to a feedback form. Statutory declarations in the employment context Blog. [12] Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 Accordingly, care should be taken to confirm your capacity as an authorised witness prior to signing any documents placed in front of you. All Rights Reserved. : 93,871: Hi everyone, hope you can help. President Biden signed into law a House bill on April 10 that immediately ended the COVID-19 presidential declaration of national emergency established in March 2020. Whilst we can never guarantee that an application is accepted, we are very proud of the fact that around 95% of Out of Time witness statements drafted by us are accepted. If so, you would need to follow the advice given on the following page from our website. We often link to other websites, but we can't be responsible for their content. [15] Practice Direction 5.6 of part 75 of the Civil Procedure Rules [6] You must have the completed forms sworn before a solicitor, who will charge 5 plus 2 per exhibit. Correspondence had been sent to the vehicle hire or finance company, Another very common situation and in particular; with a Dart Charge or Merseyflow penalty where the motorist may have used the Dartford Crossing or Mersey Gateway Bridge in a hire vehicle. Subscribe and stay up to date with the latest legal news, information and events Norton Rose Fulbright 2023. (1) the respondent makes an application under paragraph 5; and. You appealed the PCN to the council (or Dart Charge) within 28 days but did not receive a Notice of Rejection. Thus they REFUSED my appeal to have the original Notice to Owner reissued. All statutory declarations must be witnessed by an appropriate person, such as a Justice of the Peace or a solicitor, and must be declared to be true. I did not update my V5C (Log Book) when I moved, can I still file a late Witness Statement? The letter will inform you of your right to have the decision reviewed by the court. Make an Out of Time (OOT) Statutory Declaration, called a "stat-dec" to appeal a non-moving traffic or a Dart Charge offence by downloading and completing court forms TE9 and TE7, Make an Out of Time (OOT) Witness Statement to appeal a moving traffic offence by downloading and completing court forms PE3 and PE2.