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MS90 - Convicted in absence
piamoto
post Sun, 11 Feb 2018 - 18:03
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Last Monday I received a letter from bailiffs stating that I owed £1121. I was in shock and had no idea what it related to. After speaking to them they say it’s for failure to provide driver details but they had no further info than that. They said it’s usually for speeding. The enforcement is on hold for 21 day’s whilst they request details from the court.

All correspondence seems to have been sent to my old address; I was quite late changing the address on the V5C so accept I haven’t helped this.
- Moved house October 2016
- Convicted in absence 3rd May 2017
- v5c document reference 23rd May 2017 (updated with new address)

From researching on here I think I should go down the statutory declaration route and try to plea bargain. I was definitely the driver as nobody else has ever used my scooter.

I will call the court tomorrow to find out all the details and find out whether it was a dual charge. If it wasn’t, is there any point making the statutory declaration?

I spoke to DVLA earlier in the week and they have no record of any charge or points which is odd. For info I ride a 125cc on a provisional license with a CBT if that makes a difference.

I was also involved in an accident at the end of July 2017 (the other person’s fault) where the police attended and checked all my details and didn’t make any mention of an outstanding charge - is this normal? Would they have knowledge of it?

Is it better to make a stat dec at the court or with a solicitor?
I have a holiday booked the last two weeks of March - would the court accommodate this in scheduling the new hearing?

Thanks in advance for your help!
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post Sun, 11 Feb 2018 - 18:03
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The Rookie
post Sun, 11 Feb 2018 - 18:08
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The Police get their data from DVLA, very occasionally convictions go astray and DVLA find out late or even I guess never.

The Stat Dec is the way to go, even if only to save circa £500 on the fine discount and bailiffs fees.


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Jlc
post Sun, 11 Feb 2018 - 18:13
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QUOTE (piamoto @ Sun, 11 Feb 2018 - 18:03) *
...is there any point making the statutory declaration?

Almost certainly yes. There might be some bizarre reasons not to - like the excess speed was extreme or your earnings are high. (They will have used £440/week after tax - and the bailiff's are on your tail)

QUOTE (piamoto @ Sun, 11 Feb 2018 - 18:03) *
Is it better to make a stat dec at the court or with a solicitor?

In theory it should make no difference to actually getting the charges removed. A solicitor will MOSTLY LIKELY ( wink.gif ) make a nominal charge. Try the court first.

QUOTE (piamoto @ Sun, 11 Feb 2018 - 18:03) *
I have a holiday booked the last two weeks of March - would the court accommodate this in scheduling the new hearing?

Unfortunately, the Mag's court isn't designed to be convenient for you... wink.gif But they may be able to book during that time.

QUOTE (piamoto @ Sun, 11 Feb 2018 - 18:03) *
- Moved house October 2016
- Convicted in absence 3rd May 2017
- v5c document reference 23rd May 2017 (updated with new address)

That's quite a delay... Let's hope they did dual charge as defending that won't be easy!

This post has been edited by Jlc: Sun, 11 Feb 2018 - 21:41


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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piamoto
post Sun, 11 Feb 2018 - 18:25
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Thanks both - my weekly earnings are quite a bit higher than that. Might the speeding fine come out higher than the MS90 fine? Can an MS90 fine go over £1000?
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southpaw82
post Sun, 11 Feb 2018 - 18:28
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QUOTE (Jlc @ Sun, 11 Feb 2018 - 18:13) *
A solicitor will make a nominal charge.

I don’t make any charge for acting as a commissioner unless there are numerous documents.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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notmeatloaf
post Sun, 11 Feb 2018 - 21:10
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QUOTE (piamoto @ Sun, 11 Feb 2018 - 18:25) *
Thanks both - my weekly earnings are quite a bit higher than that. Might the speeding fine come out higher than the MS90 fine? Can an MS90 fine go over £1000?

The maximum fine for an MS90 conviction is £1,000 but you will likely find your insurance increases much more than a simple speeding conviction as well (it's basically a "what have they done that FTF was worse than the actual conviction" for insurers, for whom "high income" is probably far down the list).

Speeding fine is certain to be less on a scooter.



If you are plea bargaining for speeding you could potentially ask the magistrates to sentence at £100 fixed penalty amounts (within fixed penalty ranges, which is almost certainly the case on a scooter). They have discretion to do if you couldn't accept a fixed penalty for reasons unconnected to the offence.

It is discretionary and they may not be minded to do it when it is your fault for late V5C updating, but don't ask, don't get.

This post has been edited by notmeatloaf: Sun, 11 Feb 2018 - 21:11
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The Rookie
post Sun, 11 Feb 2018 - 21:30
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For a first offence the fine should be no more than 75% of the maximum, and you get 1/3 off for a guilty plea at first opportunity (once to get to court) so the fine shouldn’t exceed £500 (plus £85 costs and £50 surcharge) even if you are a premiership footballer.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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