Does a statutory declaration cancel my PCN?

No — it reopens the enforcement process from the stage where service failed. The PCN is not cancelled; instead, the council must re-serve the relevant notice and you regain your right to make formal representations or appeal. The charge can still be upheld if you have no valid grounds to challenge it.

Can I use a statutory declaration if I simply forgot to appeal?

No. A statutory declaration is only available on specific statutory grounds — non-receipt of the relevant enforcement document, or that you were not the owner of the vehicle. Forgetting to respond, or choosing not to appeal, are not valid grounds. Attempting to use a statutory declaration on false grounds risks a criminal prosecution.

What happens to the enforcement agents (bailiffs) when I file a statutory declaration?

Enforcement is automatically suspended when the TEC receives a properly completed statutory declaration. Enforcement agents must cease action from that point. If agents continue to act after suspension, they are acting unlawfully and you should report this to the TEC and the council immediately.

Statutory Declaration (PE3/TE9 Form)

By GetRighted Legal Research TeamLast updated July 2026

Summary

When a Penalty Charge Notice escalates to a Traffic Enforcement Centre (TEC) debt registration — either because earlier documents were not received or the deadline was missed — a statutory declaration is the mechanism to reopen the enforcement process. Form TE9 is used by the registered keeper; form PE3 is used in certain other circumstances. A statutory declaration is a sworn legal statement made before a solicitor, commissioner for oaths, or court officer. Crucially, making a false statutory declaration is a criminal offence under the Statutory Declarations Act 1835. The correct ground must be used — typically non-receipt of the PCN, Notice to Owner, or Order for Recovery.

When a statutory declaration is needed

A statutory declaration arises at the Traffic Enforcement Centre stage of PCN enforcement. The TEC is a specialist court office within Northampton County Court that processes the registration of unpaid council PCN debts. Once a debt is registered at the TEC and a warrant of control is issued, enforcement agents (bailiffs) can act. If you did not receive the original PCN, the Notice to Owner, or the Order for Recovery — because, for example, you had moved address and the DVLA record was outdated — a statutory declaration can be used to reopen the case at the stage where service failed.

Form TE9 and form PE3 — which to use

Form TE9 is the standard statutory declaration form for registered keepers challenging a TEC registration. It is used where the declarant asserts they did not receive the Notice to Owner, or that they were not the owner at the time of the contravention. Form PE3 is used for challenges at an earlier stage, specifically where the recipient disputes receiving the Charge Certificate or Order for Recovery. Using the wrong form will cause delay. The forms are available from Northampton County Court (TEC) or the council's enforcement solicitors.

Making a false statutory declaration is a criminal offence

A statutory declaration is a sworn legal document. Declaring that you did not receive a PCN when you did — or that you were not the owner when you were — is a criminal offence under the Statutory Declarations Act 1835, which can result in prosecution and imprisonment. Only use a statutory declaration if the statement you are making is true. If you received the PCN and simply ignored it, a statutory declaration is not appropriate.

Steps to make a statutory declaration for a TEC debt

✓Obtain form TE9 (or PE3) from Northampton County Court or the council's enforcement solicitor.
✓Complete the form accurately, stating the specific ground — typically non-receipt of the Notice to Owner, or that you were not the registered keeper at the time.
✓Have the declaration witnessed and signed by a solicitor, commissioner for oaths, or court officer — the declaration is not valid without this.
✓Return the completed form to the TEC (Northampton County Court) — enforcement is suspended on receipt.
✓The council then has 19 days to re-serve the Notice to Owner, and you then have the standard 28-day period to make formal representations.

Sources

Statutory Declarations Act 1835
Traffic Management Act 2004, Part 6, s.92 — TEC procedure
Civil Enforcement of Parking Contraventions (England) General Regulations 2007, reg.15

Frequently Asked Questions

Does a statutory declaration cancel my PCN?: No — it reopens the enforcement process from the stage where service failed. The PCN is not cancelled; instead, the council must re-serve the relevant notice and you regain your right to make formal representations or appeal. The charge can still be upheld if you have no valid grounds to challenge it.
Can I use a statutory declaration if I simply forgot to appeal?: No. A statutory declaration is only available on specific statutory grounds — non-receipt of the relevant enforcement document, or that you were not the owner of the vehicle. Forgetting to respond, or choosing not to appeal, are not valid grounds. Attempting to use a statutory declaration on false grounds risks a criminal prosecution.
What happens to the enforcement agents (bailiffs) when I file a statutory declaration?: Enforcement is automatically suspended when the TEC receives a properly completed statutory declaration. Enforcement agents must cease action from that point. If agents continue to act after suspension, they are acting unlawfully and you should report this to the TEC and the council immediately.

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