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 the Roads Service 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 NI Court
Service by calling 02890328594.
|