Form PE3: Statutory Declaration - Unpaid Penalty Charge

Caragh Bailey
14/06/2021
2,604
4 min read
Form PE3: Statutory Declaration - Unpaid Penalty Charge. How to dispute your penalty charge notice if you have been sent an order for recovery. From Parachute Law

What is an order for recovery of unpaid penalty charge?

If you have not paid a Penalty Charge Notice (or Notice to Owner or Enforcement Notice) The authority who have issued it have the right to increase the charge and register the amount outstanding as a debt, which may incur further charges if not paid. They will then issue a Order for Recovery.

If you:
  • Didn't receive the Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention), Notice to Owner (Parking contravention), or Enforcement Notice (Bus lane contravention)
    • OR
  • made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice
    • OR
  • Appealed to the Parking/Traffic Adjudicator against the local authority’s decision to reject your representation, within 28 days of service of the rejection notice, but have had no response to the appeal.

Then, you can dispute the increased charge and debt using Form PE3: Statutory Declaration - Unpaid Penalty Charge.

Statutory Declaration – Unpaid Penalty Charge Online Instruction
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Your details
Only the named respondent can fill in this form. If the respondent has been named as a company/organisation, you must state your own full name, the company name and your position in the company.
Title
First name
Middle name/s
Last name
Mobile number
Company name
Your position in the company
Address
Enter your home address, or, if the named respondent is a company/organisation, enter the registered address of the company/organisation.
Postcode
Lookup
Flat No:
First line
Second line
Town/City
County
Penalty Charge Details
Penalty Charge Number 
Vehicle Registration Number
Applicant
Location of Contravention
Date of Contravention
I, the above named respondent, declare that:
Tick the box which applies. If your penalty charge relates to a London Borough Parking contravention you must only tick one box
Please give your reasons in full
e.g. change of address
Important: Filing a false declaration knowingly and wilfully is a criminal offence under Section 5 of the Perjury Act 1911 and you may be imprisoned for up to 2 years or fined or both. Any amendments to your forms will require them to be re-witnessed
Attach Proof of ID
You can attach a scan .PDF or a .JPEG. There is a free to use App called TurboScan for Android or IOS phones which converts a photo to .PDF on your mobile.

    1
    Proof of ID
Scan copy of your current valid passport or driving licence.
    2
    Proof of Address
2 scan copies of your home address (you can't use the same company twice for different months. You can use a utility/mobile bill, formal notice like HMRC letter or council tax or bank statement no older than 3 months).
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What is a PE3 form?

Form PE3 is a document where you can make a statutory declaration that one of the above statements are true. It can be downloaded for free from GOV.UK

How do I fill out a PE3 form?

You will need:
  • Penalty Charge Number (only one per form, you will need separate PE3s for separate PCNs)
  • Vehicle Registration Number
  • Applicant
  • Location of Contravention
  • Date of Contravention

You can only complete the form if you are the named Respondent on the Order for Recovery. If the Respondent has been named as a company/organisation, you must state your own full name, the company name and your position in the company.

You will need to explain why you have not responded to your Penalty Charge Notice (or that you have not received your rejection notice or appeal response). For example, change of address.

Tick all boxes which apply to you. Do not change or add to the wording of any of the grounds. If none of the grounds apply, you cannot file the Statutory Declaration. Contact the Local Authority who issued the Order for Recovery to try to resolve the matter.

If your reason is that you have changed address, but you have failed to notify the DVLA, this may cause your statutory declaration to be rejected.

State any reasons you consider valid and any further information relating to the contravention you wish to be considered. You may attach any relevant evidence. Do not use Form PE3 to complain or challenge the reason why the PCN was issued.

Form PE3 is a statutory declaration and as such must be sworn (witnessed by the proper person) for the TEC to accept it.

Who can witness a PE3 form?

A statutory declaration is a legal statement or oath which must be signed before a commissioner of oaths (eg a solicitor), an officer of the County Court appointed by a Judge to take affidavits, or a Justice of the Peace (at any Magistrates Court). There is no charge to have your signature witnessed at the county court. We can witness your statutory declaration online for a swifter turnaround, for £150 INC VAT.

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You must send your signed, witnessed PE3 to the Traffic Enforcement Centre at the following address:

Traffic Enforcement Centre
County Court Business Centre
St Katharine’s House
21-27 St Katharine’s Street
Northampton, NN1 2LH

Alternatively, you may fax the form to 0870 324 0092, or email the document to tec@justice.gov.uk

WARNING.
Under section 5 of the Perjury Act 1911, if you knowingly and wilfully make a statutory declaration that is false in a material particular, then you are guilty of an offence, and liable on conviction to a term of imprisonment for up to 2 years, or to a fine, or both.

If your Form PE3 statutory declaration: unpaid penalty charge is successful this does not mean that the PCN is cancelled. Your PCN will be reissued and you must respond when you receive it.

If you are submitting Form PE3 on grounds two or three, the authority may refer the issue to an independent Adjudicator and your case may go to tribunal.

What is a statutory declaration out of time?

You must submit Form PE3: Statutory Declaration - unpaid penalty charge within 36 days of registration with TEC (when the local authority issues the order of recovery) otherwise you will also need to complete an Out of Time Application form PE2. If you are submitting your form late, you will need to submit PE2 and PE3 forms together.

Form PE2 will need to be signed and witnessed as well as PE3, it can be downloaded for free from GOV.UK.

Do you need a statutory declaration witness for your PE3 Form to dispute your PCN?

We can remote witness your statutory declaration to dispute your penalty charge notice


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If you're facing a dispute regarding Form PE3: Challenge an unpaid penalty charge notice, we can witness your statutory declaration.

 
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