Why a Statutory Declaration Must Be Witnessed in Person

A statutory declaration is one of the most important documents in the out-of-time process for bus lane and moving traffic penalty charges, yet it is also one of the most misunderstood. Many people assume they can simply fill in the form, sign it, and post it off to the Traffic Enforcement Centre (TEC). In fact, a statutory declaration only becomes legally valid once it has been sworn or affirmed in front of an authorised witness. This article explains why that requirement exists, who can act as a witness, and how to get it done without unnecessary delay.

What Is a Statutory Declaration in the TEC Process?

When you receive an Order for Recovery or a Charge Certificate for an unpaid bus lane or moving traffic penalty, and you believe you have valid grounds to challenge it out of time, you may need to complete a PE2 or PE3 form.

• PE2 is used where you want to make a statutory declaration in relation to an Order for Recovery.
• PE3 is used where a Charge Certificate has already been issued and you are applying out of time.

Both forms require you to make a formal statutory declaration, essentially a written statement in which you swear or affirm that certain facts are true, such as that you never received the penalty charge notice, that you paid it in full, or that you made representations that were never responded to.

It is worth noting that parking contraventions are handled differently. For parking penalties, the equivalent forms are TE7 (application to file a statutory declaration out of time) and TE9 (the witness statement itself). A TE9 does not need to be sworn before a third-party witness in the same way, which often causes confusion because people assume the process is identical across all forms. For bus lane and moving traffic contraventions, however, PE2 and PE3 declarations must be witnessed in person by an authorised person.

Why In-Person Witnessing Is a Legal Requirement

A statutory declaration is a formal legal statement made under the Statutory Declarations Act 1835. Because it carries the same legal weight as evidence given under oath in court, the law requires that it be sworn or affirmed in the physical presence of someone authorised to administer oaths. This is not a bureaucratic formality invented by the TEC. It reflects a long-standing principle of English law: that people should not be able to make solemn legal declarations casually or without independent verification.

The purpose of in-person witnessing includes:

1. Confirming identity. The witness checks that the person signing is genuinely who they claim to be.
2. Ensuring understanding. The witness confirms that the declarant understands the content and consequences of what they are declaring.
3. Preventing fraud. Because a false statutory declaration can amount to a criminal offence, the presence of an independent witness deters people from signing statements they know to be untrue.
4. Providing accountability. The witness's signature and stamp create a verifiable record that the declaration was made properly, which the court and the TEC can rely upon.

Because the declaration may ultimately affect a penalty charge, cancel a court order, or reopen a case that would otherwise be closed, the courts treat the process with the same seriousness as any other sworn legal document.

Who Can Witness a PE2 or PE3 Statutory Declaration?

The declaration must be sworn in front of one of the following:

• A solicitor or licensed conveyancer authorised to administer oaths
• A Commissioner for Oaths
• A magistrates' court officer authorised to administer oaths
• Certain court officials at a County Court hearing centre

You cannot simply sign the form at home and post it in, even if you are being completely truthful. Without the signature, stamp, or seal of an authorised witness confirming that the declaration was made in their presence, the TEC and the court will not accept it as valid.

What Happens If a Declaration Is Not Properly Witnessed?

If you submit a PE2 or PE3 form that has not been sworn in person before an authorised witness, the Traffic Enforcement Centre is likely to reject it. This can cause significant problems, particularly because:

• The out-of-time process usually has to be completed within a set period after you become aware of the penalty
• Delays caused by a rejected declaration can push you closer to enforcement action, such as bailiff involvement
• Resubmitting a corrected form takes further time, during which the underlying debt or order remains active

In short, failing to have the document properly witnessed does not just create an administrative inconvenience. It can materially affect your ability to challenge the penalty at all.

How to Get a Statutory Declaration Witnessed Quickly

Because solicitors and Commissioners for Oaths often charge individually for this service and may have limited availability, many people struggle to find a convenient appointment, particularly if they are working full time or live in an area with few local providers.

Some services now specialise in arranging this witnessing appointment quickly, sometimes on the same day, to help people meet TEC deadlines. For example, our service arranges an in-person appointment with an authorised witness for a fee of £49. This is not a court fee or a statutory charge set by the TEC or by law. It simply reflects the cost of arranging a prompt appointment with a qualified professional who can witness the declaration correctly. Using such a service does not guarantee that the TEC will accept your declaration or that your underlying case will succeed. It only ensures that the document itself meets the legal requirement of being properly sworn in person.

Practical Steps to Take

If you need to swear a PE2 or PE3 statutory declaration, it helps to:

• Complete the form fully but do not sign it in advance
• Bring photo identification to the appointment
• Bring the original penalty charge notice, Charge Certificate, or Order for Recovery documents if you have them
• Ask the witness to confirm their stamp, signature, and any professional registration number are included
• Send the completed, witnessed form to the TEC promptly, using the address or method specified on your paperwork

Why This Requirement Exists, Not Just How

It is easy to see the in-person witnessing rule as an inconvenience, but it exists to protect the integrity of the enforcement system. Because a statutory declaration can result in a penalty being reconsidered, a court order being set aside, or enforcement action being paused, the system relies on independent verification to prevent abuse. Without that safeguard, there would be little to stop people from making false declarations with no real consequence. The requirement for in-person witnessing, inconvenient as it may sometimes feel, is what gives your declaration its legal force.

Next Steps

If you are dealing with a bus lane or moving traffic penalty and need to submit a PE2 or PE3 statutory declaration, check your deadline carefully and arrange an in-person appointment with an authorised witness as soon as possible. Acting promptly gives you the best chance of meeting the TEC's requirements and having your declaration accepted for consideration.