What Grounds You Can Give on a PE3 Witness Statement

When a penalty charge notice for a bus lane or moving traffic contravention has progressed all the way to the registration of a debt at court without your knowledge, the PE3 witness statement is the document that allows you to ask the Traffic Enforcement Centre (TEC) to reopen the case. Getting the grounds and the wording right matters a great deal, because the court is only able to accept a declaration if it fits within one of a small number of legally recognised reasons. This article explains what those grounds are, how to phrase them, and where PE3 fits within the wider out-of-time process.

What Is a PE3 Witness Statement?

A PE3 is a statutory declaration used in cases involving bus lane contraventions and moving traffic contraventions, such as illegal turns, box junction violations, or driving in a restricted zone. It is submitted alongside a PE2 application for the TEC to extend time for filing the declaration, because by the time most people become aware of the debt, the normal 21-day window for challenging it has long since passed.

It is important not to confuse PE3 with TE9. Parking contraventions dealt with by local authorities use the TE7 (application for more time) and TE9 (witness statement) forms. Bus lane and moving traffic contraventions use PE2 and PE3. The grounds available on each form are almost identical, but the forms themselves are not interchangeable, and using the wrong one will simply cause delay while the correct paperwork is arranged.

A further key difference is how the statement is formalised. A TE9 is signed as a witness statement and does not need to be sworn in front of anyone else. A PE3, being a statutory declaration, must be sworn or affirmed in person before an independent authorised person, such as a solicitor, a Commissioner for Oaths, or another individual entitled to administer oaths. You cannot simply sign a PE3 at home and post it off. It only becomes valid once it has been properly witnessed.

The Recognised Grounds for a PE3 Declaration

The PE3 form sets out a limited number of statutory grounds, and you must select the one that genuinely reflects your situation. The main grounds are as follows.

1. You did not receive the penalty charge notice

This is the most commonly used ground. It applies where the notice was never delivered to you, for example because it was sent to an old address, because the vehicle had been sold before the contravention occurred, or because it was lost in the post. If you had changed keeper details or notified the DVLA of a sale, this is worth mentioning as supporting context, since it strengthens the explanation of why the notice never reached you.

2. You did not receive the notice of rejection of your representations

This applies if you made formal representations to the enforcement authority objecting to the penalty charge notice within the proper timeframe, but never received a response telling you that your representations had been rejected. Without that response, you had no opportunity to appeal.

3. You did not receive the notice of appeal outcome

This ground applies where you appealed to an independent adjudicator against the authority's rejection of your representations, but never received the adjudicator's decision. As with the ground above, this breaks the chain of documents that should have kept you informed at every stage.

4. You paid the penalty charge in full before the order for recovery was registered

If you settled the penalty before the debt was registered at the TEC, but the payment was not properly recorded or matched to your case, this ground allows you to explain that the underlying debt should not exist because it had already been paid.

A note on "not being the driver"

The statutory grounds on a PE3 are primarily about missed correspondence rather than disputing liability for the contravention itself. However, in certain cases the reason you never received the notice is connected to identity or ownership, for example because the vehicle had been sold, hired out, or was registered to someone else at the time. Where this is the case, it is usually best framed under the "did not receive the notice" ground, with the change of ownership or hire agreement given as the explanation, rather than treated as a separate free-standing argument about who was driving.

Wording Your PE3 Statement Correctly

The wording of a PE3 needs to be factual, specific, and limited to the recognised ground you are relying on. Some practical points to keep in mind include:

• Stick to one clear ground rather than trying to argue several unrelated points at once.
• State dates precisely, such as when you believe the notice should have arrived, or when you moved address or sold the vehicle.
• Avoid arguing the merits of the original contravention, such as claiming the bus lane signage was unclear. The TEC declaration process is not the place to reargue guilt or innocence; that comes later if the case is reopened.
• Keep the tone factual and first person, for example "I did not receive the penalty charge notice referred to above" rather than a lengthy narrative.
• Attach supporting evidence where possible, such as a V5C showing a change of keeper, a sale receipt, or proof of a change of address.

Common Mistakes to Avoid

Several avoidable errors cause PE3 declarations to be rejected or delayed:

• Using a TE9 instead of a PE3, or vice versa, because the contravention type was misunderstood.
• Leaving the ground box blank or ticking more than one ground without clear explanation.
• Signing the declaration without having it witnessed by an authorised person, which makes it legally ineffective.
• Submitting the PE3 without the accompanying PE2 application for an extension of time.
• Failing to explain gaps or inconsistencies, such as why post was not redirected after a house move.

Why the Witnessing Requirement Matters

Because a statutory declaration is a formal legal document, the law requires it to be sworn in person before someone authorised to administer oaths. This is not a box-ticking formality. It exists to confirm that the person making the declaration understands the seriousness of what they are signing and is doing so genuinely. Solicitors, Commissioners for Oaths, and certain other qualified individuals can carry out this role. Many people find it difficult to arrange this quickly, particularly if they are unfamiliar with where to find an authorised witness locally.

How We Can Help

Our service arranges an in-person appointment with an authorised witness so that your PE3 can be sworn correctly and promptly, for a fee of £49. This fee covers the arrangement of the appointment itself, it is not a court or statutory fee, and it does not guarantee that the TEC will grant your application or that any outcome will follow. The decision on whether to accept your declaration and reopen the case always rests with the court.

Next Steps

If you believe you have valid grounds for a PE3, such as never receiving the original penalty charge notice or a later rejection or appeal decision, the priority now is to get the correct ground identified, the wording drafted clearly, and the declaration properly sworn before an authorised witness without unnecessary delay. Taking these steps promptly gives your application the best chance of being considered properly by the Traffic Enforcement Centre.