Form PE2 & PE3: Traffic Enforcement Centre Late Declarations

At a glance

• Two form pairs, not one. PE2 + PE3 (statutory declaration) apply to low emission zone penalty charges, moving-traffic contraventions in a London borough, and moving-traffic contraventions issued outside London before 1 June 2022. TE7 + TE9 (witness statement) apply to parking penalty charge notices generally, and to moving-traffic contraventions issued outside London on or after 1 June 2022.
• Standard deadline: 21 days. You have 21 days from the order for recovery to pay or file the correct challenge form. Miss it, and you need the 'out of time' version — PE2 with PE3, or TE7 with TE9 — as well.
• No separate court fee to submit PE2, PE3, TE7 or TE9. A solicitor may charge to witness the declaration, though many County Court hearing centres do this free of charge.
• A statutory declaration is a sworn statement. Knowingly making a false one is a criminal offence under section 5 of the Perjury Act 1911, carrying up to 2 years' imprisonment.
• Filing doesn't cancel the penalty automatically. If the Traffic Enforcement Centre (TEC) accepts your application, your case goes back to the issuing authority, which then decides whether to cancel it, issue a fresh notice, or refer it to an independent tribunal.
• If you're refused, you or the authority can ask a district judge to review the decision using Form N244, within 14 days, for a fee (currently £321 with a hearing, or £126 without — check GOV.UK for the current amount).

What Form PE2 does

Form PE2 is an application used in England and Wales to ask the Traffic Enforcement Centre for permission to file a statutory declaration after the usual 21-day time limit has passed. The TEC is an administrative centre within HM Courts & Tribunals Service, based in Northampton, which registers claims for unpaid penalty charges and processes challenges to them under Part 75 of the Civil Procedure Rules and the supplementing Practice Direction 75.

PE2 is not used on its own. It is filed together with Form PE3, the statutory declaration itself, which sets out why you dispute the penalty or why you never had a fair chance to challenge it earlier. The court considers both together and decides whether to reopen the case for the issuing authority to look at again.

This guide covers England and Wales. It focuses on PE2 and PE3 — but because a large number of penalty charges (most parking tickets, and many post-2022 moving-traffic contraventions outside London) actually use a different pair of forms, TE7 and TE9, working out which pair applies to you is the first and most important step.

Which form do you need: PE2/PE3 or TE7/TE9?

The correct form depends on the type of contravention, where it happened, and — for moving-traffic contraventions outside London — when the fine was issued. GOV.UK sets out the current mapping as follows:

| Type of penalty charge | 'In time' form | 'Out of time' form | |---|---|---| | Parking PCN (most local authorities, anywhere in England & Wales) | TE9 | TE7 | | Moving-traffic contravention outside London, fine issued on/after 1 June 2022 | TE9 | TE7 | | Moving-traffic contravention outside London, fine issued before 1 June 2022 | PE3 | PE2 | | Moving-traffic contravention in a London borough (any date) | PE3 | PE2 | | Low emission zone PCN | PE3 | PE2 | | Dart Charge, Mersey Gateway or Clean Air Zone PCN | TE9 (Dart Charge/CAZ version) | TE7 (Dart Charge/CAZ version) |

The paperwork you've received — the penalty charge notice, the notice to owner, or the order for recovery — will normally identify the issuing authority and the type of contravention, which tells you which row applies. If you're still unsure, the GOV.UK page for the relevant form links to the correct one, and it's worth double-checking before you spend time completing the wrong pair, since an application on the wrong form can be rejected outright.

How a penalty charge reaches the Traffic Enforcement Centre

Understanding how a case gets to the point of an order for recovery helps explain why the 21-day deadline matters so much:

1. A penalty charge notice (PCN) is issued for the contravention. If it isn't paid, a notice to owner follows (for parking PCNs), giving the registered keeper the chance to make a formal challenge (a 'representation').
2. If the representation is rejected, the authority sends a notice of rejection. The recipient can appeal to an independent adjudicator — the Traffic Penalty Tribunal outside London, or London Tribunals for London boroughs.
3. If the appeal fails, or no appeal is made, there is 28 days to pay. If it remains unpaid, the authority issues a charge certificate, increasing the amount owed by 50% (for example, a £60 penalty becomes £90).
4. If the charge certificate isn't paid within 14 days, the authority applies to register the debt at the Traffic Enforcement Centre. This registration adds a further fee to the amount owed, and the TEC produces an order for recovery, which is sent to the registered keeper.
5. Service of the order for recovery is deemed to take place 3 days after it is posted. From that deemed date of service, you have 21 days to pay, or to file the correct challenge form. If neither happens, bailiffs (civil enforcement agents) can be instructed to recover the debt.

The 21-day rule — and what happens if you miss it

Practice Direction 75, which supplements the traffic enforcement provisions of the Civil Procedure Rules, and GOV.UK's own guidance, confirm that the standard period for filing a statutory declaration or witness statement after an order for recovery is 21 days. Service of the order for recovery is deemed to take place 3 days after it is posted, so the 21-day clock runs from that deemed date of service, not the date the authority actually put it in the post.

If that 21-day window has already closed by the time you find out about the order, you cannot simply submit PE3 or TE9 on their own. You need the accompanying 'out of time' application — PE2 or TE7 — explaining why you're filing late, submitted together with the statutory declaration or witness statement itself.

How to complete and file PE2 and PE3

1. Confirm PE2/PE3 is the right pair for your case. Use the table above, and check the paperwork you've received. If your case is actually a parking PCN, or a post-1 June-2022 moving-traffic contravention outside London, you need TE7 and TE9 instead — the process is broadly similar, but on different forms.
2. Gather the details of the penalty and your reason for delay. You'll need the vehicle registration, the penalty charge reference, the name of the issuing authority, and the amount involved. Most importantly, you need a clear, honest explanation for why you're filing late — for example, that you had moved address, were abroad or in hospital, or that correspondence was sent to a previous keeper.
3. Complete Form PE2 alongside Form PE3. PE2 alone does not challenge the penalty — it only asks the court to accept a late filing, in your own words. Form PE3, the actual statutory declaration, must be submitted with it. On PE3 you confirm one of the specified grounds for disputing the debt — typically that you never received the notice to owner or PCN, or that you made a formal challenge or tribunal appeal on time but received no reply before a charge certificate followed.
4. Have the declaration properly witnessed. A statutory declaration must be signed in front of a solicitor, a Justice of the Peace at a magistrates' court, or an authorised officer of a County Court. Many County Court hearing centres offer this free of charge, though an appointment may be needed. An unwitnessed or incorrectly witnessed form will be rejected.
5. Submit both forms to the Traffic Enforcement Centre, by post or email (tec@justice.gov.uk), to the address on the forms. Keep copies of everything you send and note the date of submission.

What happens after you file

Once you submit an 'out of time' challenge, enforcement agents are told to stop any action while the council or authority that issued the PCN considers it. If the challenge is accepted, the order of recovery is treated as withdrawn and any property already seized must be returned. The case is then referred back to the issuing authority, which will do one of the following: cancel the penalty charge (for example, because it was already paid), issue a fresh notice to owner giving you a further 28 days to pay or challenge it, or refer the case to the relevant independent tribunal (the Traffic Penalty Tribunal outside London, or London Tribunals in a London borough).

If your application is refused: asking a judge to review (Form N244)

If your 'out of time' challenge is refused, the Traffic Enforcement Centre reviews the decision and will write to tell you the outcome. If it's still refused, the debt registration stands and enforcement — including bailiff action — can continue. You, or the local authority, can ask a district judge to review that decision by sending Form N244 to the TEC within 14 days of the date of the decision, along with the appropriate fee. GOV.UK lists the fee as £321 if you want a hearing at your local County Court, or £126 for the case to be decided without a hearing by a district judge — always check GOV.UK for the current amount before paying, as court fees are periodically updated. If paying would cause you financial hardship, you may be able to apply for help with court fees using form EX160.

Worked examples

Example 1 — moved house, moving-traffic contravention outside London (fine issued before 1 June 2022). A driver, referred to here as Sam, moved address shortly before a bus lane contravention notice was sent to their old address. Sam only discovered the order for recovery when a bailiff letter arrived — well outside the 21-day window. Because the underlying fine was issued before 1 June 2022 and the contravention happened outside London, the correct route is PE2 (explaining the reason for the late filing — the change of address) filed together with PE3 (confirming the relevant ground for disputing the debt, and setting out why Sam never had the chance to challenge it in time). Sam has the declaration witnessed at the local County Court hearing centre free of charge and posts both forms to the TEC.

Example 2 — London bus lane contravention, still within time. A driver in a London borough receives an order for recovery for a bus lane contravention and responds within the 21-day window. Because this is a moving-traffic contravention in a London borough, the correct form is PE3 alone — no PE2 is needed, since the filing is still in time.

Risks and common mistakes

• Filing the wrong form pair. Using PE2/PE3 for a straightforward parking PCN (which normally needs TE7/TE9), or vice versa, risks rejection and wasted time while the enforcement clock keeps running.
• Making a statement you can't stand behind. A statutory declaration is a sworn document. Under section 5 of the Perjury Act 1911, knowingly making a false statement in it is a criminal offence, carrying up to 2 years' imprisonment. Only give reasons and dates you are confident are accurate.
• Missing the 21-day window without applying for more time. If you're even slightly unsure whether you're still within 21 days of the order for recovery, it's safer to include the 'out of time' application (PE2 or TE7) as well, rather than risk a bare PE3 or TE9 being rejected for being late.
• Not getting the declaration witnessed correctly. An unwitnessed statutory declaration, or one witnessed by someone not authorised to do so, will be rejected by the TEC.

What to do next

1. Identify the type of contravention and where and when it happened, using the order for recovery or notice you've received, and match it against the table above.
2. Check how many days have passed since the order for recovery was served. If it's within 21 days, you may only need PE3 (or TE9) on its own.
3. Gather your evidence — proof of address change, medical or travel records, or anything else supporting your reason for filing late.
4. Complete both forms together, have the declaration witnessed, and keep copies of everything before you send it.
5. Submit to the Traffic Enforcement Centre by post or email, and note the date you sent it.
6. If your situation is complicated, or a lot of money or enforcement action is already involved, take advice early. An adviser can help you check you're using the right form and that your explanation is complete before you submit it.

This guide provides general information about Form PE2, Form PE3, and the Traffic Enforcement Centre process in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The position described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.