Statutory Declarations are required when one has to affirm the truth (under oath) about a particular matter. They must be made in the presence of a solicitor, a Commissioner for Oaths or a Notary Public, who will sign and stamp the document. As Solicitors and Commissioners for Oaths appointed by the Lord Chancellor, we are authorised to witness the swearing of all Statutory Declarations and Affidavits.

PE2 and PE3 Statutory Declarations are required by the DVLA

What is a PE2 Statutory Declaration?

The DVLA will require you to have a PE2 Statutory Declaration sworn if you have provided Statutory Declaration PE3 and all supporting documents because you submitted a defence or a response out of the prescribed time limits.

If the time limit for filing a PE3 Statutory Declaration and/or Witness Statement has passed, one may request permission to file these forms ‘out of time’.

Clear reasons for not adhering to the time period for filing should be stated on this form and other supporting documentation is required. The application should not be used to appeal against the original contravention.

What is a PE3 Statutory Declaration?

The DVLA will require you to have a PE3 Statutory Declaration sworn if you have allegedly committed a non-parking contravention such as driving through a bus lane or a vehicle emission contravention. It will apply if you declare that you have not received any of the following:

1. A Notice to Owner (Parking contravention) or Enforcement Notice (Bus lane contravention) or Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

2. Where you have made representations about the penalty charge to the Local Authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but you did not receive a rejection notice.

3. Where you appealed to the Parking/Traffic Adjudicator against the Local Authority’s decision to reject your representation, within 28 days of service of the rejection notice, but have had no response to your appeal.

If a correctly completed PE3 Statutory Declaration or witness statement is filed with the Traffic Enforcement Centre (TEC) within the time limit that they impose, the court registration will be revoked (cancelled). This will not however cancel the original penalty charge. The matter is then referred back to the Local Authority to decide what action they wish to take next.

For help and advice on what else you need to submit, you should contact the DVLA or the help contact numbers that you are provided with amongst your court documentation. We are not Road Traffic specialists and cannot assist you with any legal advice of this nature. The contents of this page should not be relied upon as any kind of advice.

Please call us on 0207 183 0084 or email us on legal@olaleslie.com to arrange a mutually convenient time to have your PE2 and/or PE3 Statutory Declaration sworn; we are always happy to assist.

Please note that if you make a false statement in a Statutory Declaration which you know is untrue, you can be prosecuted and face a prison sentence. It is specifically advised on Forms PE2 and PE3 that “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 2 years or fined, or both”.

Ayesha Leslie, Partner
Ola Leslie Solicitors
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