PE2 and PE3: which form applies to your case?
PE3 is a Statutory Declaration used in certain traffic-enforcement cases. PE2 asks the Traffic Enforcement Centre for permission to file that declaration out of time. The two forms do different jobs, not every PCN uses them, and it's worth identifying your notice type before filing anything.
Not a law firm. General information, not legal advice — check your own documents for the facts and forms that actually apply to you.
Forms
PE3 (declaration) & PE2 (out of time)
Response period
21 days from the Order for Recovery
Decision body
Traffic Enforcement Centre
Applies to
London borough & TfL PCNs
Example only — upload your own documents to confirm whether PE2/PE3 actually applies to your case.
Two forms, two different jobs.
PE3
What happened in the enforcement process?
Purpose: the Statutory Declaration for the relevant unpaid penalty charge route. Only the statutory grounds on the current official form can be used.
PE2
Why are you filing late?
Purpose: application for permission to file the PE3 Statutory Declaration after the normal deadline.
PE2 explains the delay. PE3 states the statutory ground.
Still within the normal deadline, or filing late?
This only applies where PE3 is the correct form for your PCN type — see “PE2/PE3 or TE7/TE9?” below before assuming it is.
PE2/PE3 or TE7/TE9?
The Traffic Enforcement Centre uses different form routes depending on the type of penalty — having an Order for Recovery doesn't, on its own, tell you which pair applies.
PE2 + PE3
London borough and TfL PCNs
Generally applies to PCNs from a London borough council or TfL — parking, bus lane, moving traffic, Congestion Charge, or ULEZ.
TE7 + TE9
Parking PCNs and moving-traffic contraventions outside London
Generally applies to council parking PCNs and moving-traffic PCNs issued outside London on or after 1 June 2022, plus Dart Charge, Mersey Gateway, and Clean Air Zone charges.
Using the TE7/TE9 route instead? Read that guide.
What is PE3, and when does it apply?
PE3 is a formal Statutory Declaration, generally used for London borough and TfL PCNs. It has to be sworn before a Commissioner for Oaths, Justice of the Peace, or county court officer — it's not an informal letter.
Recognised statutory grounds:
- You didn't receive the relevant PCN or Notice to Owner
- You made representations to the authority but received no Notice of Rejection
- You appealed to an adjudicator but the appeal was never resolved or you received no outcome
- You had already paid the penalty in full
It must not be used simply because you think the original PCN was unfair — only where a genuine statutory ground applies.
A Statutory Declaration is a formal statement of truth. Do not use a ground that is not genuinely true.
What is PE2, and when is it needed?
PE2 is the out-of-time application, explaining why PE3 wasn't filed within the original period. The reasons given should relate to the missed deadline, not the original contravention.
Worth knowing:
- Give a specific, truthful reason for the delay
- The reason should relate to missing the deadline, not the PCN itself
- Filing PE2 doesn't guarantee the late declaration will be accepted
What happens after submission?
If refused, a further court review route may exist, subject to current rules and its own deadline — see the Out of Time Witness Statement guide for how that process works. None of these outcomes are guaranteed.
What happens to bailiff action?
Current GOV.UK guidance states that bailiffs are told to stop any action while an out-of-time challenge is being considered by the authority. This is a pause while it's under consideration, not a guaranteed permanent outcome.
Already at the bailiff stage? Read that guideNot sure which form applies to you?
Upload your Order for Recovery, Charge Certificate, or any enforcement letters so OverturnFine can identify your notice type and the correct route.
Upload my documentsA completed PE2/PE3 pair is priced from £20.00 once your ground and route are confirmed — checking your documents is always free.
PE2 & PE3 FAQs
What is form PE2?
PE2 is the application to the Traffic Enforcement Centre asking for permission to file a PE3 Statutory Declaration after the normal deadline. It's the "why is this late" form, not the declaration itself.
What is form PE3?
PE3 is the Statutory Declaration itself, used for London borough and TfL PCNs to declare which recognised statutory ground applies to your case, against an eligible Order for Recovery.
What is the difference between PE2 and PE3?
PE3 explains what happened in the enforcement process — which statutory ground applies. PE2 explains why you're filing PE3 late. They answer different questions.
Do I need both forms?
Only if you're filing after the normal deadline on the Order for Recovery. Within that deadline, PE3 alone is normally enough — PE2 is specifically for late filing.
When is PE2 required?
When you're submitting the Statutory Declaration (PE3) after the period given on your Order for Recovery has passed.
What should I write on PE2?
A specific, truthful reason why you couldn't file within the original deadline — relating to the delay itself, not to why you dispute the original PCN. Filing PE2 doesn't guarantee the late declaration will be accepted.
What grounds can be used on PE3?
Only the recognised statutory grounds on the current official form — broadly: non-receipt of the relevant notice, unanswered representations, an unresolved adjudicator appeal, or the penalty already being paid. It must not be used simply because you think the original PCN was unfair.
Is PE3 the same as TE9?
They do the same kind of job — a formal statement of the statutory ground — but for different PCN types. PE3 is generally for London borough and TfL PCNs; TE9 is generally for parking and moving-traffic PCNs outside London, Dart Charge, Mersey Gateway, and Clean Air Zone charges.
Are PE2 and PE3 used for every PCN?
No. Not every case uses this route — which pair applies depends on the notice type and issuing authority. Upload your paperwork rather than guessing.
What happens if my PE2 application is refused?
You're notified of the refusal, and a further court review route may exist, subject to current rules and its own deadline. A review isn't guaranteed to succeed.
Can PE2/PE3 be used once bailiffs are involved?
The process can potentially still be relevant even once enforcement has started, but the correct route depends heavily on your case history. Upload your documents so your actual position can be identified rather than assumed.
Official sources used for this guide
Reviewed against official procedural guidance. Rules and forms can change — this page is reviewed periodically, not on every change.
Last reviewed: August 2026
OverturnFine is an independent document-preparation service. It is not a law firm and does not provide legal advice, and it is not affiliated with any council, TfL, court, or UK government body.
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