What to Bring to a Statutory Declaration Appointment
If you have been told that you need to swear a statutory declaration to reopen a bus lane, moving traffic, or parking penalty case, the appointment itself is usually the quickest part of the whole process. What trips people up is turning up without the right paperwork or identification, which can mean rebooking and losing valuable time when you are already working against a deadline. This guide sets out exactly what to bring, and why each item matters.
Why the Appointment Matters
A statutory declaration is a formal legal statement made under the Statutory Declarations Act 1938. When a Penalty Charge Notice (PCN) or Notice to Owner has progressed to the point where the Traffic Enforcement Centre (TEC) at Northampton County Court is involved, and you believe you never had the chance to challenge it properly, such as because you never received the original notice, you can apply to have the case reopened.
For bus lane and moving traffic contraventions, this is done using form PE2 (application) and PE3 (the statutory declaration itself). For parking contraventions, the equivalent forms are TE7 (application) and TE9 (the declaration).
There is an important legal distinction between the two:
- A PE3 statutory declaration must be sworn or affirmed in front of an independent authorised witness, such as a solicitor, a Commissioner for Oaths, or a court official. This is a genuine legal requirement, not a formality that can be skipped.
- A TE9 declaration, by contrast, does not require a third-party witness in the same way, though many people still choose to have it checked or formalised for peace of mind.
Because PE3 appointments involve a face-to-face witnessing, preparation matters. Turning up with the wrong documents, or without valid identification, can mean the witness is unable to proceed and you will need to rearrange, potentially losing time against a tight deadline.
The Core Checklist
Before you leave for your appointment, run through this list.
1. Photographic Identification
An authorised witness cannot swear a statutory declaration for someone they cannot properly identify. Bring one of the following, in date and unexpired:
- A valid passport
- A valid photocard driving licence
- A national identity card, where applicable
If your only form of ID has expired, contact the person or service arranging your appointment beforehand, as some witnesses will not proceed without valid, in-date identification.
2. The Completed Statutory Declaration Form (PE3 or TE9)
Bring the correct form, filled in but not yet signed. This is important: the whole point of the appointment is that you sign the declaration in the presence of the witness. If you sign it beforehand, the witness cannot properly certify that they saw you make the declaration, and it may be rejected by the TEC.
Make sure you have used the correct form for your case type:
- PE2 and PE3 for bus lane contraventions and moving traffic contraventions (such as box junction or banned turn penalties issued by a local authority or Transport for London).
- TE7 and TE9 for parking contraventions.
Using the wrong form is a common and entirely avoidable mistake, so double-check the letter or notice you received from TEC to confirm which route applies to your case.
3. The Penalty Charge Notice or Court Papers
Bring copies of everything you have received relating to the case, including:
- The original PCN or Notice to Owner, if you have it
- Any letters from the local authority, TfL, or the enforcement agency
- The Order for Recovery or Charge Certificate, if issued
- Any correspondence from the Traffic Enforcement Centre itself, including the reference number
The TEC reference number is particularly important, as it will need to be quoted accurately on your form and will help the witness confirm the details match.
4. Evidence Supporting Your Grounds for the Declaration
A statutory declaration must set out the specific legal ground you are relying on, typically one of the following:
- You did not receive the penalty charge notice
- You made representations that were never responded to
- You appealed to the tribunal and never received a decision
- You paid the penalty in full before proceedings began
Whatever your ground, bring anything that supports it. This might include:
- Proof of a house move, such as a tenancy agreement or utility bill, if the notice was sent to an old address
- Copies of representations you submitted, with dates
- Bank statements showing a payment was made
- Any email or postal correspondence showing dates of contact
You will not usually need to hand this evidence to the witness, since their role is to confirm your identity and witness your signature rather than to assess the merits of your case, but having it with you means you can accurately complete the form and answer any questions about dates or references.
5. Payment for the Witnessing Fee
Authorised witnesses are entitled to charge a fee for witnessing a statutory declaration. If you have booked an appointment through a service that arranges this for you, check in advance what payment is expected and how it should be made, such as by card or bank transfer, and whether it is settled before or at the appointment.
If you use a service that books an in-person witnessing appointment for a fixed fee, such as £49, be aware that this covers the cost of arranging the appointment and the witnessing itself. It is not a court fee or statutory charge set by the TEC or the government, and figures can vary between providers, so always check exactly what is included before you commit.
6. A Pen and a Spare Copy of the Form
It sounds trivial, but bring your own pen and, ideally, a spare printed copy of the form in case a mistake is made while completing it in front of the witness. Corrections on a legal document can look messy or raise questions, so a clean spare copy avoids any awkwardness.
What Happens at the Appointment
The appointment itself is usually brief. The witness will:
- Check your identification against the name on the form.
- Confirm you understand that you are making a formal legal declaration.
- Watch you sign the form.
- Sign and stamp or seal the form themselves, confirming the date and their status as an authorised witness.
You should leave with a properly signed and witnessed PE3 or TE9 form, ready to be filed with the Traffic Enforcement Centre, either by post or online depending on the current process, along with the PE2 or TE7 application.
Common Mistakes to Avoid
- Signing the form before the appointment. This can invalidate the witnessing.
- Bringing an expired ID. Even a few days out of date can cause a witness to refuse.
- Using the wrong form for the contravention type. Bus lane and moving traffic cases need PE2/PE3, parking cases need TE7/TE9.
- Missing the TEC reference number. Without it, the form may be difficult to process correctly.
- Leaving it too late. Statutory declarations are time-sensitive, and delays in booking a witness can eat into the window you have to act.
A Note on Outcomes
It is worth being clear that neither the witnessing appointment nor the act of submitting a statutory declaration guarantees any particular result from the Traffic Enforcement Centre or the court. The witness's role is limited to confirming your identity and formally witnessing your signature. What happens to your case afterwards, whether it is reopened, whether the penalty is cancelled, or whether the matter proceeds to further hearings, is decided separately by the TEC and, where relevant, the court or local authority.
Getting Ready for Your Appointment
If you are approaching a deadline, the safest approach is to gather your identification, the correct form, your case correspondence, and any supporting evidence well before the date you plan to attend. Having everything organised in one folder means the appointment itself should take only a few minutes, leaving you free to focus on getting your declaration filed with the Traffic Enforcement Centre as promptly as possible.