About the Statutory Declaration
This is a formal statement, sworn under oath from you to the effect
that an earlier stage in the procedure had not been completed
or that you were not aware of what should happened before the
debt was registered or a warrant was issued.
It is important to note that if you have been visited by bailiffs
and paid the amount requested you can still complete a Statutory
Declaration, which, if succesful will enable you to apply for
a refund of the fees that you have been charged. If the following
grounds apply, you need to request an "Out of Time"
Statutory Declaration.
A valid Statutory Declaration will cancel
the Order for Recovery, the Charge Certificate and sometimes:
the Notice to Owner in parking contraventions and the Enforcement
Notice for bus lane contraventions. It does not
cancel the Penalty Charge Notice. It does however cancel the 50%
increase in the penalty charge notice. It is a criminal offence
to willfully make a false statutory declaration.
What are the grounds for a Statutory Declaration?
The grounds are not the same as those for either making a representation
or an appeal. The grounds are as follows:
• That you did not receive the notice to owner / enforcement
notice;
• That you made representations about the penalty charge
to the Local Authority concerned within 28 days of service of
the notice to owner, but did not receive a rejection notice; or
• That you appealed to the Parking / Traffic Adjudicator
against
the local authority’s decision to reject his or her representation,
within 28 days of service of the rejection notice, but had no
response to the appeal.
Note: For London
Borough Parking Offences: the witness must provide a full postal
address and only one ground can
be indicated on the Statutory Declaration.
For Congestion Charging what are the grounds?
The same grounds as above, but instead of ground one: (that you
did not receive the notice to owner etc) it will instead refer
to not receiving the penalty charge notice.
For Vehicle Emissions what are the grounds?
• That you did not receive
the fixed penalty notice.
• That you made a request for a variation
of the fixed penalty to the authority pursuant to Regulation 19
of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England)
Regulations 2002, but did not receive notification that the amount
of the fixed penalty had been reduced or (as the case may be)
that your request had been refused.
|
