Transport for LondonMaking a Statutory Declaration
You will then be sent an Order for Recovery.
This is not a County Court judgement and will not affect your credit rating.
You should either pay the increased amount or, if applicable, make a Statutory Declaration before the end of the period of 21 days beginning with the date upon which the county court order is served.
Failure to take action will result in Bailiffs being instructed.
A Statutory Declaration is not a representation or a complaint. You may only make a Statutory Declaration if:
- You did not receive the original PCN. This does NOT apply if you just forget to pay it, mislaid it or forgot to make a Representation
- You made a Representation but did not receive a reply. This only applies if you made a Representation within the 28 day period and did not receive a response from ourselves. It does NOT apply if you received a reply you disagreed with or we refused to consider your Representation because it was late or from a third party
- You made an Appeal to PATAS and did not receive a reply
Remember:
- The Statutory Declaration is a sworn oath
- You must accurately complete the form enclosed with the Order for Recovery
- It must be signed before a commissioner of oaths (e.g. a solicitor), an officer of the County Court appointed by a Judge to take affidavits, or a Justice of the Peace (at any Magistrates Court)
- There is no charge if your signature is witnessed at a County Court
Remember: if it is not signed and witnessed, or if you do not make it on one of the three grounds, the Court may refuse your Statutory Declaration.
Do not send your Statutory Declaration to TfL but send it directly to the Traffic Enforcement Centre (they will only deal with Statutory Declarations and cannot advise you on other matters or take payments).
Remember: the Statutory Declaration is not a chance to complain or challenge the reason why the PCN was issued.
Outcome of Statutory Declaration
If your Statutory Declaration is successful it does NOT mean that the PCN has been cancelled.
- If it was made on ground 1, "that you did not receive the PCN", we will reissue the PCN allowing you to pay or make a Representation. Do not ignore this PCN. (If you did not receive the original PCN because you moved address, ensure your Statutory Declaration includes details of your new address)
- If your Statutory Declaration was made on ground two or three, "that you did not receive a response to either your Representation or Appeal", then we will refer the matter to an Independent Adjudicator. This does not automatically cancel the penalty charge. We will send you a copy of the evidence we are required to pass to the Independent Adjudicator and they will then contact you about the hearing and its outcome. If this Appeal is refused you will be notified and must then pay the PCN
Remember: you do not have the automatic right to make a Statutory Declaration. Filing a false declaration knowingly and wilfully is a criminal offence under Section 5 of the Perjury Act 1911 and you may be imprisoned for up to two years or fined or both.
This guide to the enforcement process and challenging the PCN is for information only. You may wish to seek your own legal advice.
