The Difference Between a PE2, PE3 and TE9 Form

If you have received a letter from the Traffic Enforcement Centre (TEC) about a penalty charge notice, order for recovery, or charge certificate, you have probably come across the forms PE2, PE3 and TE9 and wondered which one applies to your situation. These forms all relate to challenging enforcement action after the original deadline has passed, but they are not interchangeable. Using the wrong one can delay your case or see it rejected outright, so it is worth understanding exactly what each form does before you complete anything.

Why These Forms Exist

When a penalty charge notice (PCN) is not paid or challenged within the initial time limits, the case can progress to an order for recovery or a charge certificate, adding extra costs and potentially leading to enforcement action such as bailiffs (now called enforcement agents) or deductions from your earnings. Many people only discover this stage has been reached because they never received the original notice, perhaps because it was sent to an old address or lost in the post.

The TEC exists to give people a route back into the system in these circumstances. By filing the correct form, you are asking the court to accept a late challenge, effectively pausing enforcement while your case is reconsidered. The form you need depends on two things: the type of contravention involved, and the stage the case has reached.

What Is a PE2 Form?

A PE2 form is used for bus lane and moving traffic contraventions, such as driving in a restricted lane, making a banned turn, or entering a box junction. Specifically, it is the application form used to ask the court for permission to file a statutory declaration out of time, where an order for recovery has already been made against you.

In practice, a PE2 is rarely filed on its own. It is normally submitted together with a PE3 statutory declaration, because the PE2 explains why you are applying late while the PE3 sets out the substance of your legal declaration, such as the fact that you never received the penalty charge notice or the charge certificate.

What Is a PE3 Form?

The PE3 form is the statutory declaration itself for moving traffic and bus lane contraventions. This is a formal legal statement in which you declare, under penalty of perjury, one of the following:

• That you did not receive the penalty charge notice.
• That you made representations against the penalty charge notice which were never replied to.
• That you appealed to an adjudicator and either the appeal was not determined, or you did not receive the adjudicator's decision.

Because this is a statutory declaration rather than a simple witness statement, it carries significant legal weight. This is reflected in how it must be completed: a PE3 (like a PE2) must be signed and sworn in person before an independent authorised witness, such as a solicitor or a Commissioner for Oaths. You cannot simply sign it at home and post it off. The witness is confirming your identity and that you have made the declaration properly, understanding its legal consequences.

What Is a TE9 Form?

The TE9 form serves a similar purpose to the PE3, but it applies to parking contraventions rather than moving traffic or bus lane offences. If your PCN relates to parking on a public road, in a council-controlled car park, or on a similar restriction, and you are out of time to challenge it, the TE9 is generally the correct form.

Like the PE3, the TE9 is a witness statement in which you set out your grounds for a late challenge, again typically one of the following:

• You did not receive the original penalty charge notice.
• You made representations that were never responded to.
• You appealed but never received the outcome.
• You paid the penalty in full before proceedings began (in some cases).

The TE9 is usually submitted alongside a TE7 form, which is the equivalent of the PE2 for parking cases, the application for the court to accept your statement despite it being out of time.

Crucially, the TE9 does not need to be sworn before an independent witness in the same way as a PE2 or PE3. It is completed as a witness statement rather than a formal statutory declaration, so there is no statutory requirement for a solicitor or Commissioner for Oaths to be involved in witnessing it.

PE2, PE3 and TE9 at a Glance

| Form | Used For | Type of Document | Witnessing Requirement | |------|----------|------------------|------------------------| | PE2 | Bus lane and moving traffic contraventions | Application to file late statutory declaration | Must be sworn before an authorised independent witness | | PE3 | Bus lane and moving traffic contraventions | Statutory declaration | Must be sworn before an authorised independent witness | | TE9 | Parking contraventions | Witness statement | No independent witnessing requirement |

This distinction between statutory declarations and witness statements is the key to understanding why PE2 and PE3 have a stricter signing process than TE9.

Why the Witnessing Requirement Matters

The requirement for a PE2 or PE3 to be sworn before an authorised person, such as a solicitor, barrister, or Commissioner for Oaths, is not a bureaucratic formality. Because you are making a statutory declaration, the law treats it in much the same way as a sworn affidavit. The witness has a duty to confirm your identity, watch you sign the document, and countersign it themselves. Without this, the TEC is entitled to reject the declaration outright, regardless of how strong your underlying case might be.

This means that even if you have a perfectly valid reason for filing late, such as never having received a single item of correspondence about the PCN, your PE2 or PE3 will not be accepted by the court unless it has been properly witnessed in person.

By contrast, because a TE9 is a witness statement rather than a statutory declaration, it can typically be signed and submitted without this in-person witnessing step, although you should always check the specific guidance accompanying your paperwork, as requirements can vary depending on the individual case.

Getting Your Form Witnessed

For many people, arranging an appointment with a solicitor or Commissioner for Oaths at short notice is the most stressful part of the PE2 or PE3 process, particularly if enforcement action is already underway and time is tight. Our service arranges an in-person appointment with an authorised witness to have your PE2 or PE3 correctly sworn, for a fee of £49. This fee covers the cost of arranging and attending the witnessing appointment, it is not a court or statutory fee, and different providers may charge differently for the same service. We cannot guarantee how the TEC or the court will ultimately decide your case, as that depends entirely on the facts and evidence you present, but we can make sure the legal formality of witnessing is completed correctly so your application is not rejected on a technicality.

Choosing the Right Form for Your Case

Before you complete any paperwork, it is worth checking:

1. Whether your penalty charge notice relates to parking, or to a moving traffic or bus lane contravention.
2. What stage your case has reached, such as whether an order for recovery or charge certificate has already been issued.
3. Whether you need an application form (PE2 or TE7) alongside your main statement (PE3 or TE9).

Getting this right from the outset can save considerable time and reduce the risk of your application being refused for using the wrong form.

Next Steps

If you are unsure which form applies to your situation, start by checking the correspondence you have received from the TEC or the relevant local authority, as it will usually indicate whether your case involves parking or a moving traffic contravention. Once you know whether you need a PE2 and PE3, or a TE7 and TE9, you can begin gathering the details of your case, and if a statutory declaration needs witnessing, arranging that appointment promptly will help keep your application on track.