Statutory Declarations for a PCN Registered to the Wrong Person

The SDW Team · 6 August 2026 · 8 min read

A penalty charge notice can end up registered against someone who was never actually responsible for the vehicle at the time of the alleged contravention. This happens more often than most people expect, and it can be deeply frustrating, particularly when court enforcement action such as an Order for Recovery or a County Court Judgment has already started against the wrong individual. Fortunately, there is a formal legal mechanism, the statutory declaration, that allows the record to be corrected and the case to be reopened.

Why a PCN Sometimes Names the Wrong Person

Local authorities and Transport for London identify the "keeper" of a vehicle using DVLA records at the time of the contravention. Problems arise when those records are out of date or when a vehicle has changed hands without the registration being updated. Common scenarios include:

The vehicle was sold before the contravention took place, but the DVLA still held the previous keeper's details.
A lease or hire company was recorded as keeper, but the notice was never correctly forwarded to the actual driver or hirer.
Cloned number plates were used on another vehicle, so the innocent registered keeper is billed for someone else's contravention.
A simple data entry error at the enforcement authority attributed the notice to the wrong name or address.
The recipient had moved house and never received earlier correspondence, only becoming aware of the debt when bailiffs or a County Court Judgment appeared.

In many of these situations, the person named on the PCN, and later on any court paperwork, genuinely knew nothing about the case until enforcement action reached them.

The Statutory Declaration Route: PE3 and PE2

For bus lane contraventions and moving traffic contraventions, such as yellow box junction infringements or banned turns caught on camera, the relevant out-of-time form is the PE3. Where the case relates to a London bus lane penalty specifically enforced through Transport for London, the equivalent form is the PE2. Both are true statutory declarations, sworn statements made under the Statutory Declarations Act 1835, and they must be signed in the presence of an independent authorised witness. This can be:

A solicitor
A Commissioner for Oaths
A justice of the peace, or other authorised person entitled to administer oaths

Simply signing the form at home is not sufficient. The declaration only becomes legally effective once it has been sworn before one of these individuals, who confirms the identity of the person signing and witnesses the declaration being made.

A PE3 or PE2 is typically used to declare one or more of the following:

The person did not receive the original penalty charge notice.
The person made representations that were never responded to.
The person appealed to the adjudicator and was awaiting a decision when enforcement action began.
The person did not owe the money for reasons connected to keeper liability, such as having sold the vehicle before the contravention date.

Where a PCN was registered against the wrong person entirely, this last ground is often the most relevant. The declaration allows the individual to set out, under formal legal oath, that they were not the correct person to be pursued, and to ask the Traffic Enforcement Centre to reopen the case so it can be dealt with properly.

When TE7 and TE9 Apply Instead

Parking contraventions follow a slightly different paper trail. Instead of a statutory declaration, the relevant documents are the TE7, an application to file a statement out of time, and the TE9, the witness statement itself. Although the TE9 serves a similar purpose to a PE3 or PE2, it is legally classed as a witness statement rather than a sworn statutory declaration, and it does not require the signature to be witnessed by a solicitor or Commissioner for Oaths. The person completing it signs it themselves and submits it directly to the Traffic Enforcement Centre.

If your case relates to a parking PCN issued by a local council, rather than a bus lane or moving traffic camera contravention, it is worth checking carefully whether you need a TE7/TE9 combination or a PE3. Using the wrong form can delay matters considerably.

Grounds Specific to Wrong-Person Registration

When the core issue is that the PCN, and any subsequent Order for Recovery or CCJ, has been registered against someone who was not liable, the statutory declaration or witness statement should clearly explain the factual background. Useful supporting evidence can include:

A copy of the vehicle sale receipt or notification to the DVLA showing the change of keeper
Correspondence with the DVLA confirming when records were updated
A police report or crime reference number if the plates were cloned
Evidence of a different address at the relevant time, showing why earlier notices never arrived

Setting this out clearly helps the court and the enforcement authority understand why the wrong name ended up attached to the case, and supports the request to have the debt or judgment set aside.

The In-Person Witnessing Requirement

Because a PE3 or PE2 is a formal statutory declaration, the witnessing stage cannot be done remotely or online. The declarant must appear in person before an authorised individual, who checks identification and watches the document being signed before adding their own signature and details. This step exists to prevent fraudulent declarations and to give the document proper legal weight once it is filed with the Traffic Enforcement Centre.

For many people, the challenge is not understanding the form itself, but finding a solicitor or Commissioner for Oaths available at short notice, particularly when bailiff action is already underway and time is tight.

How Our Service Can Help

We arrange in-person statutory declaration witnessing appointments nationwide, helping people move quickly at a stage when speed often matters. Our current fee for booking a witnessing appointment is £49. This covers the arrangement of a suitable appointment with an authorised witness, it is not a court fee, and it should not be mistaken for any officially fixed or statutory charge. We do not charge for guaranteed outcomes, because no service can promise how the Traffic Enforcement Centre, the court, or the enforcement authority will ultimately respond to a statutory declaration or witness statement.

What we can do is help remove the practical obstacle of finding somewhere to have the document witnessed correctly and promptly, so that it can be filed without unnecessary delay.

What Happens After Filing

Once a PE3, PE2, or TE7/TE9 is filed with the Traffic Enforcement Centre, the case is typically referred back to the original enforcement authority, such as the local council or Transport for London. They will review the circumstances and decide whether to continue pursuing the penalty, cancel it, or allow the case to proceed as though the original notice had been received in time, giving the recipient a fresh opportunity to make representations or appeal.

It is important to act quickly once you become aware that a PCN has been wrongly registered against you, since bailiff action or further enforcement steps can continue in the background until the declaration is filed and processed.

Taking the Next Step

If you have discovered that a penalty charge notice, an Order for Recovery, or a County Court Judgment has been registered against you incorrectly, the sooner you get the correct form completed and witnessed, the sooner the matter can be put right. Get in touch to arrange a nationwide in-person witnessing appointment, and take that first practical step towards having the case reopened and resolved properly.