(1)  Where a person on whom a traffic infringement notice has been served under section 43H provides, within 28 days following service of the notice, a statutory declaration to the issuing authority specified on the notice stating the name and address of the person who was in charge of the vehicle at all relevant times relating to the alleged offence, the statutory declaration, if produced in any proceedings against the person named in the declaration and in respect of the offence to which the declaration relates, is evidence –

(a) in the case of a parking offence, that the person named in the declaration was in charge of the vehicle at all times relevant to that offence; or

(b) in the case of any other prescribed offence, that the person named in the declaration was the driver of the vehicle at the time when the offence occurred.

(2)  A statutory declaration made in accordance with this section is to be treated as an application for withdrawal of the traffic infringement notice under section 23(1)(a) or 24(1)(a) of the Monetary Penalties Enforcement Act 2005 .