Why a Statutory Declaration Must Be Witnessed in Person

Anyone who has received a PE3 or PE2 form from the Traffic Enforcement Centre (TEC) will have noticed a requirement that seems, at first glance, rather old-fashioned: the declaration must be sworn in front of someone qualified to witness it, in person. In an age when almost everything else can be done online, this rule often puzzles people. Why can't you simply sign the form at home, scan it, and email it back? The answer lies in the legal nature of a statutory declaration itself, and in the long-standing rules that govern how such documents are made valid in England and Wales.

What Is a Statutory Declaration in the TEC Process

A statutory declaration is not just a signed form. It is a formal written statement that the person making it affirms to be true, made under a specific legal framework rather than as an ordinary letter or witness statement. Because it carries the same seriousness as a sworn oath, the law insists on certain formalities before it can be accepted as evidence.

Within the TEC system, statutory declarations are used specifically to challenge cases where someone has missed the deadline to respond to a penalty, or says they never received the original paperwork. The two relevant forms are:

• PE3, used when challenging an out-of-time Penalty Charge Notice or Charge Certificate relating to a bus lane or moving traffic contravention, and
• PE2, used when the recipient is disputing that they were ever properly served with the original notice, again for bus lane and moving traffic matters.

Both forms exist because the enforcement process assumes, unless shown otherwise, that notices were correctly issued and time limits correctly applied. A statutory declaration is the mechanism by which someone tells the court, formally and under legal sanction, that this assumption does not hold in their case, whether because they moved house, never received the notice, or were prevented from responding for some other reason.

Why the Distinction Matters

It is worth being clear that PE3 and PE2 apply to bus lane and moving traffic contraventions dealt with through the TEC. Parking contraventions follow a related but separate route, using the TE7 (application for more time) and TE9 (witness statement) forms, which are discussed further below.

Why In-Person Witnessing Matters

The requirement for in-person witnessing is not bureaucratic box-ticking. It exists because a statutory declaration is treated in law as equivalent to swearing an oath. Historically, oaths were always taken in person, before a person of standing who could confirm the identity of the declarant and observe that the declaration was being made freely and knowingly. Statutory declarations inherited this same principle when they were formalised, and the modern rules still reflect it.

There are several reasons why this in-person element is considered essential:

1. Identity verification. The witness must be satisfied that the person signing is who they claim to be. This is difficult, if not impossible, to guarantee reliably by post or email.
2. Voluntariness. By witnessing the signature in person, the authorised person can confirm the declarant is signing of their own free will, without pressure or coercion.
3. Understanding of consequences. Making a false statutory declaration is a criminal offence. An in-person appointment gives the witness the opportunity to confirm the declarant understands the seriousness of what they are signing.
4. Integrity of the document. In-person witnessing reduces the risk of forged signatures, altered content, or declarations being submitted on behalf of someone without their knowledge.

Because a false statutory declaration can amount to perjury, or an offence under the Statutory Declarations Act 1835 and related legislation, the courts have never accepted that this kind of document can safely be sworn remotely. Simply posting a signed form, or attaching a scanned copy to an email, does not meet the legal threshold, no matter how genuine the declarant's intentions.

Who Can Witness a Statutory Declaration

The declaration must be signed in front of someone who is legally authorised to administer oaths and witness such documents. This typically includes:

• a solicitor with a current practising certificate,
• a Commissioner for Oaths,
• a magistrate or justice of the peace, or
• certain court officials authorised to perform this function.

It is not sufficient for the document to be witnessed by a friend, relative, colleague, or any other person without the appropriate legal authority, even if that person is willing to sign and confirm the identity of the declarant. The witness has to be independent of the case and professionally accountable, which is precisely why solicitors and Commissioners for Oaths are the most common choice.

What Happens If You Don't Get It Witnessed Properly

If a PE3 or PE2 is submitted without proper in-person witnessing, it risks being rejected outright by the TEC. This can cause significant delay at exactly the point when time is often already tight, since these forms are usually used precisely because a deadline has already been missed once. A rejected declaration may mean:

• the original penalty and any associated costs remain enforceable,
• enforcement action such as bailiff involvement or further recovery steps can continue, and
• the applicant has to start the process again, losing valuable time.

Given how much can rest on getting this right, it is not a step worth cutting corners on, however inconvenient an in-person appointment might seem.

TE7 and TE9: How Parking Cases Differ

For parking contraventions, the relevant forms are TE7 and TE9 rather than PE2 and PE3. The TE7 is used to apply for extra time to file a challenge, and the TE9 sets out the grounds for that challenge, such as never having received the Penalty Charge Notice or having already paid it. While the TE9 also asks the person to make a formal declaration of truth, it does not carry the same requirement for a third-party witness in the way that PE3 and PE2 do. This is a distinction worth understanding, since it means the practical steps for parking cases and bus lane or moving traffic cases are not identical, even though both sit within the broader TEC out-of-time process.

Booking an In-Person Witnessing Appointment

For many people, the hardest part of the PE3 or PE2 process is not filling in the form itself, but finding a solicitor or Commissioner for Oaths available at short notice, particularly when a deadline is looming. This is where a dedicated booking service can help. Our service arranges an in-person appointment with an authorised witness for a fee of £49, covering the administrative cost of organising the appointment rather than any statutory or fixed legal charge. There is no set fee laid down in law for this service, and different solicitors or Commissioners for Oaths may charge differently if approached directly.

It is also important to be realistic about what witnessing achieves. Having your declaration properly witnessed ensures it meets the formal legal requirements for submission. It does not, however, guarantee that the TEC or the relevant court will accept your grounds for making the declaration in the first place, or that any penalty will ultimately be cancelled. Those are separate questions, assessed on the facts of each case.

Taking the Next Step

If you have received a PE3 or PE2 form and need to arrange an in-person witnessing appointment, it is worth acting promptly, since enforcement action does not usually pause while you make arrangements. Gather your form, any supporting evidence about why you are out of time or disputing service, and get in touch to book a convenient appointment with an authorised witness so your declaration can be signed correctly and submitted without unnecessary delay.