Who Can Witness a Statutory Declaration in England and Wales

If you have received a court order for an unpaid penalty charge and you need to make a statutory declaration to the Traffic Enforcement Centre (TEC), one of the first questions you will face is: who is actually allowed to witness your signature? This is not a trivial detail. If your declaration is witnessed by the wrong person, it will be invalid and the TEC will reject it. Understanding exactly who qualifies as an authorised witness is therefore essential before you arrange your appointment.

What Is a Statutory Declaration and Why Does It Need a Witness?

A statutory declaration is a formal written statement that you sign in the presence of an authorised person, confirming that the contents are true to the best of your knowledge. It carries legal weight because it is made under the Statutory Declarations Act 1835. Making a false statutory declaration is a criminal offence, which is precisely why the law requires an independent, qualified witness rather than simply allowing you to sign the document yourself.

In the context of TEC proceedings, statutory declarations are used when a motorist wants to challenge a court order that was made in their absence, typically because they never received the original penalty charge notice or subsequent correspondence. The witness's role is to verify your identity, watch you sign, and then countersign the declaration to confirm it was properly sworn.

Which TEC Forms Require a Witnessed Statutory Declaration?

It is important to understand which forms actually require this formal witnessing process, because not all TEC forms do.

• PE2 and PE3 forms are used to challenge enforcement orders relating to bus lane contraventions and moving traffic contraventions (such as box junction or banned turn penalties issued by local authorities). These forms require a full statutory declaration, which must be sworn in person before an authorised witness.
• TE7 and TE9 forms relate to parking contraventions. The TE7 is a witness statement and the TE9 is a statutory declaration, but the TE9 is completed using a statement of truth rather than requiring you to attend before an independent third-party witness in the same way as a PE2 or PE3. You sign it yourself and return it without needing to find a solicitor or Commissioner for Oaths.

If you are dealing with a bus lane or moving traffic penalty, you will almost certainly need to arrange a proper witnessed statutory declaration using a PE2 or PE3.

Who Is Legally Authorised to Witness a Statutory Declaration in England and Wales?

The law sets out a specific list of people who are permitted to administer the oath or affirmation that accompanies a statutory declaration. Only individuals who fall within one of these categories can lawfully witness your signature.

Solicitors

A practising solicitor is one of the most commonly used witnesses for statutory declarations. Any solicitor who holds a current practising certificate issued by the Solicitors Regulation Authority is authorised to witness a statutory declaration. Most high street solicitors' firms offer this as a standalone service, though their fees vary considerably.

Commissioners for Oaths

A Commissioner for Oaths is a person who has been specifically appointed by the Lord Chancellor to administer oaths and take declarations. Many solicitors are also Commissioners for Oaths, but the appointment can also be held by other legal professionals. When you use a Commissioner for Oaths who is not a solicitor, they must be acting independently and must not have any personal interest in the matter being declared.

Notaries Public

A notary public is a specialist legal professional appointed by the Court of Faculties of the Archbishop of Canterbury. Notaries are fully authorised to witness statutory declarations and are particularly common in matters involving international documents, though they can witness any domestic statutory declaration too.

Certain Court Officers

Officers of the Senior Courts of England and Wales, as well as officers of county courts, are authorised to witness statutory declarations in certain circumstances. In practice, however, most people find it more straightforward to use a solicitor or Commissioner for Oaths rather than attending a court office.

Justices of the Peace (Magistrates)

A Justice of the Peace is authorised to administer oaths and witness statutory declarations. You would typically need to approach your local magistrates' court to arrange this, and availability can vary depending on the court's workload and administrative arrangements.

Who Cannot Witness a Statutory Declaration?

This is just as important as knowing who can. The following people are not authorised to witness a statutory declaration for TEC purposes, regardless of how trustworthy or professional they may be:

• A family member or friend, even if they are a retired solicitor without a current practising certificate
• A bank manager or financial adviser
• A GP or other medical professional
• A teacher, headteacher, or university lecturer
• A police officer
• A local councillor or MP
• A notary from another country (unless they are also admitted in England and Wales)

The independence requirement is also critical. The witness must have no personal interest in the outcome of your declaration. You cannot, for example, use your own solicitor if that solicitor has a financial stake in the outcome of the enforcement proceedings.

Does the Witness Need to Read the Declaration?

Yes. The authorised witness should read through the declaration, or at minimum satisfy themselves as to its contents, before you sign it. You will be required to confirm that the contents are true before signing in their presence. The witness will then sign and add their qualification, their address, and the date. A statutory declaration that is signed outside the presence of the witness, or backdated, is invalid.

Where Can You Find an Authorised Witness?

Finding a solicitor or Commissioner for Oaths who offers this service on short notice is not always straightforward, particularly if you are unfamiliar with the legal profession in your area. Some options include:

• High street solicitors' firms: Many offer a witnessing service for a fee, though you may need to ring around to find one that can see you promptly.
• The Law Society's Find a Solicitor tool: This is available on the Law Society website and allows you to search for solicitors by location and service type.
• The Faculty Office: The Faculty Office maintains a register of notaries public in England and Wales.
• Local magistrates' courts: Some courts can arrange for a Justice of the Peace to witness a declaration, though you should telephone ahead to confirm availability.

If you would prefer a more straightforward option, our service books an in-person witnessing appointment for £49. This connects you with a qualified Commissioner for Oaths or solicitor who is experienced in TEC statutory declarations, saving you the time and uncertainty of searching independently.

Practical Points to Remember Before Your Appointment

Before you attend your witnessing appointment, make sure you have the following in order:

1. Your completed PE2 or PE3 form, filled in accurately but not yet signed.
2. Proof of identity, such as a passport or driving licence. The witness will need to confirm who you are.
3. Supporting documents, if you have any, such as evidence that you did not receive the original penalty charge notice.
4. The correct form for your contravention type. A PE3 is used for bus lane contraventions and a PE2 for moving traffic contraventions. Using the wrong form will cause delays.

Do not sign the form before your appointment. The whole point of the witnessing process is that you sign in the presence of the authorised person. Signing in advance renders the declaration invalid.

Taking the Next Step

If you have received a TEC enforcement order for a bus lane or moving traffic penalty and you need to make a statutory declaration, the most important thing is to act quickly. There are time limits involved, and delays can complicate your position. Check which form applies to your situation, gather your documents, and arrange your witnessing appointment with a qualified solicitor, Commissioner for Oaths, notary public, or Justice of the Peace as soon as possible. If you would like help arranging a convenient appointment with an authorised witness who is familiar with the TEC process, our £49 booking service is designed to make that step as simple as possible.