What Happens After You File a PE2 and PE3 with the TEC
Filing a PE2 and PE3 with the Traffic Enforcement Centre is a significant step in challenging a county court judgment that was registered against you without your knowledge. Once those documents are on their way, many people feel a sense of relief, but the process does not end at the point of submission. Understanding what happens next helps you stay prepared, respond promptly to any correspondence, and give your case the best possible chance of a fair outcome.
A Quick Recap of What You Have Filed
Before looking at what happens after submission, it is worth being clear about what these two forms actually are. The PE2 is a statutory declaration in which you declare that you did not receive the original notice to owner or charge certificate, or that you were not the owner of the vehicle at the relevant time. The PE3 is a witness statement that sets out your grounds for contesting the underlying penalty charge notice itself.
Both forms apply to bus lane and moving traffic contraventions enforced through the county court via the TEC. If your contravention was a parking penalty, the equivalent forms are a TE7 and TE9, which follow a slightly different procedure. It is important not to confuse these, because filing the wrong forms can delay or invalidate your application entirely.
Crucially, a PE2 and PE3 must be sworn as statutory declarations before an independent authorised witness. This means signing them in the presence of a solicitor, a Commissioner for Oaths, or another person legally authorised to administer oaths. You cannot simply sign them at home and post them. If they arrive at the TEC without proper witnessing, they will be rejected.
What the TEC Does When It Receives Your Forms
Once the TEC receives your witnessed and completed PE2 and PE3, a court officer reviews them to check that the documents are in order. This is an administrative review rather than a full hearing. The officer is checking that:
- The correct forms have been used for the type of contravention
- The declarations have been properly sworn before an authorised witness
- The forms are legible and complete
- The application has been made within a reasonable time, or that you have provided an explanation for any delay
If the forms pass this initial check, the TEC will typically set aside the county court judgment that was registered against you. This is sometimes described as "revoking" the order. At this point, the enforcement process is effectively paused and the matter is referred back to the enforcing authority, which is usually the local council or Transport for London.
The Judgment Is Set Aside: What Comes Next
Having the judgment set aside does not mean the penalty charge notice is cancelled. It means the case returns to an earlier stage in the enforcement process. The enforcing authority then has a choice about how to proceed.
In most cases, the council or enforcement authority will:
- Review your PE3 grounds and decide whether to pursue the matter further
- Either cancel the penalty charge notice entirely, or
- Reissue the relevant notice and restart the statutory appeals process from the appropriate point
If the authority decides to reissue the notice, you will typically receive a fresh opportunity to make informal or formal representations, or to appeal to the independent adjudicator, depending on where in the process the case is restarted. This is an important point because it means you may still need to engage with the authority directly after the TEC has done its part.
Timescales to Expect
The TEC does not operate to a single fixed processing time, and timescales can vary depending on the volume of applications being handled at any given time. In general terms:
- Allow several weeks from submission for the TEC to process your application
- The enforcing authority will then have its own internal timescales for responding
- If the authority reissues a notice, you will usually have 28 days to respond from the date of that notice
Keeping copies of everything you have submitted, including the sworn declarations and any covering letters, means you can act quickly if you receive correspondence.
What If the TEC Rejects Your Application?
There are circumstances in which the TEC may not accept your application. Common reasons include:
- The forms were not properly witnessed before an authorised person
- The wrong forms were used for the type of contravention
- The application was made very late and no adequate explanation was provided
- The forms were incomplete or illegible
If your application is rejected, you may receive a notice explaining why. Depending on the reason, it may be possible to resubmit with corrected documents. However, time is usually a factor, so it is important to act quickly if you receive any rejection notice.
The Role of Proper Witnessing
One of the most common reasons PE2 and PE3 applications run into difficulty is improper witnessing. Because these are statutory declarations, the law requires that you sign them in front of an authorised person who can confirm your identity and administer the oath or affirmation. A friend, family member, or colleague cannot act as a witness for this purpose, regardless of their profession in most cases.
Authorised witnesses include solicitors and Commissioners for Oaths. Finding one at short notice can be stressful, and some people are unsure what to say or bring to the appointment. Our service arranges an in-person witnessing appointment for £49, which covers the booking and administration of the appointment with a qualified professional. This is not a statutory or legally fixed fee, it is simply the cost of the service we provide to help people navigate this step efficiently. We do not guarantee any outcome from the TEC or from the enforcing authority, because those decisions rest with the relevant bodies independently.
Keeping Records and Staying Organised
Once you have filed your PE2 and PE3, good record keeping becomes essential. You should retain:
- Copies of the completed and witnessed PE2 and PE3
- Proof of postage or delivery to the TEC
- Any reference numbers provided by the TEC
- All correspondence from the TEC and the enforcing authority
- Copies of the original penalty charge notice and any notices you received
If the matter proceeds to a fresh appeals process with the enforcing authority, having a clear paper trail will help you present your case effectively. If you eventually need to appeal to an independent adjudicator, those records will be central to your appeal.
If the Enforcing Authority Cancels the Penalty
In some cases, once the judgment is set aside and the PE3 grounds are reviewed, the enforcing authority will simply cancel the penalty charge notice. This brings the matter to a close. You should receive written confirmation of the cancellation. If any bailiff action was taken before the judgment was set aside, you may need to take separate steps to recover any sums that were collected, though this depends on the specific circumstances of your case.
Staying Calm and Taking It One Step at a Time
The TEC process can feel overwhelming, particularly when a county court judgment and potential enforcement action are involved. It helps to remember that the PE2 and PE3 procedure exists precisely because the law recognises that people sometimes do not receive notices they should have received, and that it would be unjust to allow enforcement to continue unchallenged in those circumstances.
The most important things you can do once you have filed are to monitor your post carefully, respond promptly to any correspondence from the TEC or the enforcing authority, and keep your records organised.
If you have not yet had your PE2 and PE3 witnessed, or if you are unsure whether your forms have been completed correctly, booking a witnessing appointment as soon as possible is the most practical next step you can take to move your case forward.