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What is a Statutory Declaration?

What is a Statutory Declaration?

A Statutory Declaration is “a declaration that someone makes on oath according to statute” – The Encarta Dictionary.

The Statutory Declaration, as it applies to TPT, is a sworn statement made by the vehicle owner AND WITNESSED BY A DESIGNATED COURT OFFICIAL (set out below), declaring that one of the three important documents was never received. (This process cannot be used to appeal against a PCN).

If a PCN remains unpaid, the final stage of the Roads Service’s PCN enforcement process is to issue a Notice of Enforcement of Charge Certificate and a Statutory Declaration. This Notice states that TransportNI shall lodge the debt in the Enforcement of Judgements Office. The Statutory Declaration can only be used by the vehicle owner at this stage under three grounds.

1. If a “Notice to Owner” was never received.

If a successful Statutory Declaration is made on this ground, the Roads Service is obliged to set the penalty charge back and to reissue a Notice to Owner.

2. If a "Notice of Rejection” was never received.

If a successful Statutory Declaration is made on this ground, Roads Service is obliged to reissue the Notice of Rejection of Representations.

3. If you never received your "Notice of Decision" from TPT.

If a successful Statutory Declaration is made on this ground, TPT is obliged to reissue the Notice of Decision and allow you 28 days from its issue to pay the penalty.

A Statutory Declaration must be witnessed by one of the following:

  • Justice of the Peace;
  • Commissioner for Oaths;
  • notary public; or
  • Resident Magistrate/Lay Magistrate.

A list of your nearest Justices of the Peace etc can be obtained from the Northern Ireland Courts and Tribunals Service by calling: 028 9032 8594.

This leaflet provides guidance for applicants on the information that should inserted when completing a Statutory Declaration Form when making an Appeal under Article 16(1) of the Traffic Management (NI) Order 2005.