Valid Grounds for a PE3 Witness Statement Explained

The SDW Team · 5 July 2026 · 8 min read

If you have received a charge certificate or a county court order for a bus lane or moving traffic contravention and you believe you were never properly notified, you may be able to challenge it through the Traffic Enforcement Centre (TEC). One of the key tools available to you is the PE3 witness statement, a statutory declaration that allows you to ask the court to set aside the order so that your case can be reconsidered. However, this process only works if you can rely on a valid legal ground. Submitting a PE3 without a qualifying reason is unlikely to succeed, so understanding exactly what the law permits is essential before you begin.

What Is a PE3 and How Does It Differ from Other TEC Forms?

The TEC handles out-of-time challenges to enforcement orders made by local authorities. There are several different forms depending on the type of contravention involved:

PE2 and PE3 apply to bus lane contraventions and moving traffic contraventions, such as yellow box junction penalties and banned turn penalties.
TE7 and TE9 apply to parking contraventions under the Road Traffic Act 1991 and the Traffic Management Act 2004.

A PE3 is used when a county court order has already been registered against you and you want to challenge it out of time. The PE2 is used at an earlier stage, before the order is registered. Both are statutory declarations, which means they carry legal weight and must be sworn in person before an authorised independent witness, such as a solicitor or a Commissioner for Oaths. This is a formal legal requirement, not a formality you can skip. By contrast, a TE9 (the parking equivalent of a PE3) does not require a third-party witness in the same way, which is one of the procedural differences worth noting.

The Legal Grounds Available on a PE3

The grounds for a PE3 are set out in the relevant regulations governing civil enforcement of bus lane and moving traffic penalties. The court will only act on your declaration if you can truthfully state one of the following.

Ground 1: You Did Not Receive the Penalty Charge Notice

If you were not given the penalty charge notice (PCN) at the time of the alleged contravention and it was not properly served on you afterwards, this is a valid ground. This often arises where a PCN was sent by post to an old address, or where a vehicle owner changed without the DVLA records being updated in time.

It is important to be precise here. You must be able to say that you genuinely did not receive the notice, not simply that you cannot remember receiving it. A truthful declaration is essential because a statutory declaration is made under oath.

Ground 2: You Did Not Receive the Notice to Owner

The notice to owner is the document the authority sends after the PCN, formally requesting payment or inviting representations. If this document never reached you, for example because it was sent to a previous address or was lost in the post, you may use this as your ground.

This is a common situation for motorists who have recently moved house or who purchased a vehicle and the DVLA records had not yet been updated to reflect the new keeper's details.

Ground 3: You Did Not Receive the Charge Certificate

The charge certificate is issued when the penalty increases because no payment or appeal was made in time. If you never received this document, you may have had no opportunity to respond before the matter was registered at the county court. This is a qualifying ground for the PE3.

Ground 4: You Did Not Receive the Order for Recovery

Once the charge certificate is registered at the TEC, an order for recovery is made. If you did not receive this order, you may not have known that court proceedings had been commenced against you. Failing to receive this document is another valid ground.

Ground 5: You Made Representations That Were Not Considered

If you made a formal representation to the authority at the correct stage and that representation was not dealt with or was ignored, this can form the basis of your declaration. You would need to be able to show that you did in fact submit representations in the proper form and within the permitted time.

Ground 6: You Appealed to the Adjudicator

If you lodged an appeal with the independent adjudicator (the Traffic Penalty Tribunal for contraventions outside London, or London Tribunals for those within London) and that appeal was not determined, or the authority failed to respond to it properly, this may also be a valid ground.

What Is Not a Valid Ground

It is equally important to understand what you cannot use as a ground for a PE3. The following are not qualifying reasons:

Disagreeing with the penalty on the merits, for example arguing that you were not in the bus lane or that the signage was unclear. These are arguments for an appeal, not for a PE3.
Claiming the penalty was unfair or disproportionate.
Financial hardship or an inability to pay.
Simply forgetting to appeal within the original time limit.

The PE3 process is specifically about procedural failures in service, not about the underlying merits of the contravention. If you want to argue the substantive case, you need to first use the PE3 to get the order set aside, and then pursue the appeal through the proper channel once the case is returned to the authority.

How to Complete and Submit a PE3

Once you have identified your ground, you need to complete the PE3 form accurately and honestly. The declaration must describe the ground clearly and explain the relevant facts in your own words. Vague or inconsistent statements can undermine your case.

Crucially, the completed PE3 must be sworn before an independent authorised witness. This means attending in person before a solicitor, a Commissioner for Oaths, or another person authorised to administer oaths. You cannot simply sign the form at home and post it. The witnessing appointment is a legal requirement, and the form will not be valid without it.

Once witnessed and signed, the PE3 is submitted to the TEC, along with any supporting documents. The court will then consider whether to set aside the order. If successful, the case is referred back to the enforcing authority, which must then decide whether to pursue the matter through the proper enforcement stages again.

Keeping Your Declaration Truthful

Because a PE3 is a statutory declaration, making a false statement on it is a serious matter and could constitute an offence. Before signing, you should be confident that the ground you are relying on is accurate and that you can substantiate it if asked. Keep any relevant documents, such as correspondence from the authority, proof of your address at the relevant time, or records of any appeal you submitted.

If you are unsure whether your circumstances qualify, it is worth taking advice before completing the form, rather than submitting something that may be rejected or, worse, that contains inaccuracies.

Taking the Next Step

If you believe you have a valid ground for a PE3 and need help arranging the witnessed statutory declaration, our service can book an in-person witnessing appointment for £49. This covers the appointment with an authorised witness who can administer your oath and sign your completed form. The fee is charged by us for arranging the appointment and is not a statutory or legally fixed amount. We cannot guarantee any particular outcome from the TEC, but we can make sure the procedural requirement for proper witnessing is met so that your declaration is valid on its face. To get started, complete our enquiry form and we will confirm availability for an appointment near you.