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Council PCN, Guides, Penalty Charge Notice

How to File a Statutory Declaration for a Charge Certificate

Comments Off on How to File a Statutory Declaration for a Charge Certificate
Statutory declaration form and charge certificate on magistrates court desk with court seal

Reset a Council PCN That Has Escalated to Charge Certificate

A charge certificate is issued by a local council when a penalty charge notice remains unpaid after the Notice to Owner stage. It increases the penalty by 50%. Many motorists believe that once a charge certificate has been issued, they have no options. That is not always true.

What Is a Statutory Declaration

A statutory declaration is a formal legal statement made before a solicitor or commissioner for oaths. In the context of parking enforcement, it is used to declare that you did not receive the original PCN or the Notice to Owner, and therefore had no opportunity to appeal.

If accepted, a statutory declaration resets the entire enforcement process back to the beginning, as if the original PCN had just been issued.

When You Can File a Statutory Declaration

You can file a statutory declaration if:

  • You did not receive the original penalty charge notice
  • You did not receive the Notice to Owner
  • You made formal representations but did not receive the council’s decision
  • You appealed to the tribunal but did not receive notification of the hearing or decision

Common reasons for non-receipt include:

  • You moved address and the DVLA records were not updated
  • The council sent the notice to the wrong address
  • Postal delays or loss
  • The vehicle was sold and the new keeper’s details were not registered

How to File

  1. Prepare the statutory declaration. The declaration must state the specific grounds (which notice you did not receive) and be signed before a solicitor or commissioner for oaths.
  2. File with the Traffic Enforcement Centre (TEC). The completed statutory declaration must be filed at the TEC in Northampton within 21 days of becoming aware of the charge certificate or order for recovery.
  3. Wait for the outcome. If the TEC accepts the declaration, the enforcement is cancelled and the case returns to the council for the appeal process to start again.

What Happens After a Successful Statutory Declaration

If your statutory declaration is accepted:

  • The charge certificate is cancelled
  • The 50% surcharge is removed
  • The case returns to the original PCN stage
  • You can now make formal representations to the council
  • If rejected, you can appeal to the tribunal

This effectively gives you a second chance to challenge the original PCN with full appeal rights.

How We Help

Our AI PCN Manager helps with charge certificate cases by:

  • Assessing whether a statutory declaration applies to your case
  • Preparing the statutory declaration document
  • Providing guidance on filing with the TEC
  • Preparing formal representations for when the case resets

Check Your Charge Certificate

If you have received a charge certificate and believe you did not receive the original PCN or Notice to Owner, upload your documents for a free assessment. We will advise whether a statutory declaration is the right approach.

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