Statutory Declarations for a PCN Registered to the Wrong Person

The SDW Team · 13 July 2026 · 8 min read

If you have received a charge certificate or a court order for a Penalty Charge Notice that was never meant for you, the situation can feel overwhelming. Perhaps the enforcement authority registered the debt against your name by mistake, or you were the registered keeper of a vehicle you had already sold, or the PCN was issued to someone with a similar name or address. Whatever the reason, the good news is that there is a formal legal route to challenge this at the Traffic Enforcement Centre (TEC), and a statutory declaration is usually the key tool you will need.

What Is the Traffic Enforcement Centre?

The Traffic Enforcement Centre, based in Northampton, is a specialist department of the County Court that handles the registration of unpaid Penalty Charge Notices as civil debts. When a motorist fails to pay or appeal a PCN within the required deadlines, the enforcement authority can apply to the TEC to register the debt. Once registered, the authority can instruct bailiffs (enforcement agents) to collect the money.

The TEC process is largely paper-based and administrative. It is not a full court hearing in the traditional sense, but it does carry real legal weight. Ignoring a TEC order can lead to bailiff action, and in some cases a charge on your property.

How Can a PCN Be Registered Against the Wrong Person?

There are several common reasons why a PCN ends up registered against someone who should not be liable:

Sold vehicle: You sold your vehicle but the new keeper failed to register with the DVLA, so the enforcement authority traced the PCN back to you.
Data error: The enforcement authority made an administrative mistake and matched the PCN to the wrong person's details.
Cloned plates: Another vehicle was using a number plate identical to yours, and the PCN was issued on the basis of camera or warden evidence.
Wrong address: Notices were sent to an old address, and you never received them, meaning you had no opportunity to appeal.
Hire or lease vehicle: The PCN was sent to the registered keeper rather than correctly transferred to the driver or hirer.

In all of these situations, the underlying problem is that the TEC registration has proceeded without the correct person having a genuine chance to respond.

The Role of a Statutory Declaration

A statutory declaration is a formal written statement, made in front of an authorised independent witness, in which you declare certain facts to be true. Making a false statutory declaration is a criminal offence, which is why the process carries real legal authority.

At the TEC, statutory declarations are used to apply to set aside a registration order. If the order is set aside, the enforcement is paused and the case is referred back to the enforcement authority, which must then reconsider the matter from the appropriate stage.

PE2 and PE3: The Right Forms for Bus Lane and Moving Traffic PCNs

It is important to understand that different forms apply to different types of PCN. For bus lane contraventions and moving traffic contraventions (such as box junction or banned turn PCNs), the relevant statutory declaration forms are the PE2 and the PE3.

The PE3 is used where you are declaring that you did not receive the relevant notice, or that you were not the owner of the vehicle at the time of the contravention.
The PE2 is used in slightly different circumstances, such as where you are disputing liability on other grounds.

Both the PE2 and PE3 must be sworn in person before an independent authorised witness. This means you cannot simply sign the form at home and post it. You must attend an appointment with a solicitor, a Commissioner for Oaths, or another person authorised to administer oaths and declarations. The witness will check your identity, read through the declaration with you, and then formally witness your signature.

Parking PCNs: TE7 and TE9

If the PCN relates to a parking contravention rather than a bus lane or moving traffic contravention, the relevant forms are the TE7 and the TE9. The TE9 is the statutory declaration form for parking cases, and unlike the PE2 and PE3, the TE9 does not require a third-party witness in the same way. However, it is still a formal legal document and must be completed carefully and accurately.

This article focuses primarily on bus lane and moving traffic cases, but it is worth being aware of the distinction so that you submit the correct form for your type of PCN.

Grounds for a Statutory Declaration When the PCN Is for the Wrong Person

When a PCN has been registered against the wrong person, the grounds you set out in your statutory declaration will typically include one or more of the following:

You were not the owner or registered keeper of the vehicle at the time of the contravention. If you had already sold the vehicle, you can declare this and provide supporting evidence such as a receipt of sale or a DVLA notification.
You did not receive the relevant statutory notice. If notices were sent to an incorrect or old address, you may never have had the opportunity to respond within the deadlines.
The vehicle was not yours and you have no connection to the contravention. In cloned plate cases or data errors, you can declare that you were not involved in the alleged contravention at all.

It is essential that your declaration is truthful and supported by whatever documentary evidence you can gather. The TEC will consider the declaration and, if accepted, will set aside the order and refer the matter back to the enforcement authority.

What Happens After You Submit the Declaration?

Once your statutory declaration is submitted to the TEC, the court will consider whether to set aside the registration order. If the order is set aside, the enforcement authority is notified and bailiff action should be suspended. The authority must then decide how to proceed, which may mean reissuing notices correctly, closing the case, or pursuing the correct person if one can be identified.

It is worth noting that setting aside the TEC order does not automatically mean the PCN is cancelled. The enforcement authority retains the right to continue pursuing the matter through the correct channels. However, it does give you the opportunity to challenge the PCN formally, which you were previously denied.

Common Mistakes to Avoid

When dealing with a TEC statutory declaration, there are some pitfalls that can cause delays or complications:

Using the wrong form. Submitting a TE9 when you need a PE3, or vice versa, will mean your application is not processed correctly.
Signing the form without a witness. A PE2 or PE3 that has not been properly witnessed before an authorised person will not be valid.
Missing the deadline. There are time limits for applying to set aside a TEC order, and acting quickly is important once you become aware of the problem.
Providing incomplete information. The declaration should clearly explain the grounds on which you are challenging the registration, with supporting evidence where possible.

Getting Help With the Witnessing Appointment

Because the PE2 and PE3 must be sworn in person before an authorised witness, arranging this step can feel like an additional hurdle when you are already dealing with an unexpected debt. Our service can book an in-person witnessing appointment for you at a cost of £49, making it straightforward to get your declaration properly witnessed without having to search for a solicitor or Commissioner for Oaths yourself. This fee covers the appointment booking and is not a statutory or legally fixed charge.

If you have discovered that a PCN has been registered at the TEC against your name in error, the most important thing is to act promptly. Identify the type of PCN involved, gather any evidence that supports your position, and determine whether you need a PE2, PE3, or another form. Once you know which declaration you need, get in touch with us to arrange your witnessing appointment so that your application can be submitted to the TEC as quickly as possible.