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Reuben1111
post Mon, 22 Jul 2019 - 11:56
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Hello everyone,
I had a accident 2 weeks ago I was a named driver on my partners cars not my fault, today insurance rang me an told me I had a MS90 on my licence from 2016 an now I have also found I owe £1000 fine to top it off. I was sent a speeding ticket in a hire car that I replied no guilty as I was in aware of who was driving at the time I later
Moved address and that was the last I heard until now.
I’m not able to start a statuary declaration because I replied to say I was not driving, any help or advice would be amazing.
Thanks
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post Mon, 22 Jul 2019 - 11:56
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southpaw82
post Mon, 22 Jul 2019 - 12:21
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QUOTE (Reuben1111 @ Mon, 22 Jul 2019 - 12:56) *
I’m not able to start a statuary declaration because I replied to say I was not driving, any help or advice would be amazing.

Were you aware that you were being prosecuted, i.e. did you receive a summons? There is a difference between not being able to name the driver and being prosecuted for the same. If you didn’t know you were being prosecuted you can make a statutory declaration.


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Reuben1111
post Mon, 22 Jul 2019 - 12:34
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QUOTE (southpaw82 @ Mon, 22 Jul 2019 - 13:21) *
QUOTE (Reuben1111 @ Mon, 22 Jul 2019 - 12:56) *
I’m not able to start a statuary declaration because I replied to say I was not driving, any help or advice would be amazing.

Were you aware that you were being prosecuted, i.e. did you receive a summons? There is a difference between not being able to name the driver and being prosecuted for the same. If you didn’t know you were being prosecuted you can make a statutory declaration.


I got the letter asking for the info of who was driving I replied asking for photo evidence they sent me a picture of the rear of the car at night I wasn’t 100% on who was driving replied saying I’m still unable to say who was driving, iv then moved address and then a year later had a change of name but never known I had been found guilty in my absence, iv just spoke to the courts on the phone an they say I can only open a appeal with crown court now because it’s been so long. I’m in a hell of a pickle
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Jlc
post Mon, 22 Jul 2019 - 12:40
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QUOTE (Reuben1111 @ Mon, 22 Jul 2019 - 13:34) *
iv just spoke to the courts on the phone an they say I can only open a appeal with crown court now

OMG. If you were unaware of the conviction then you make a Statutory Declaration - no appeal to Crown Court required!

But the problem you face was that you are likely to be found guilty by not unequivocally naming the driver. (But there might be options to reduce the damage)


--------------------
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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southpaw82
post Mon, 22 Jul 2019 - 13:20
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Don’t take legal advice from secretaries (or anyone else) at the courts.


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Reuben1111
post Mon, 22 Jul 2019 - 13:27
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QUOTE (southpaw82 @ Mon, 22 Jul 2019 - 14:20) *
Don’t take legal advice from secretaries (or anyone else) at the courts.



Do you know a good solicitor for driving offence that are trusted an not just after people’s money, I really need to get this sorted out ASAP especially with my insurance iv been with provident insurance for 3 years an never declared these points iv not known about I don’t want to get into any more trouble.
Thanks
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The Rookie
post Mon, 22 Jul 2019 - 13:57
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You simply ask the court for an appointment to make a statutory declaration, at the hearing you make the declaration and as long as you can state you were unaware of the court action and found out about it less than 21 days before then they have no discretion to decline.

There really is no need for a solicitor.

This post has been edited by The Rookie: Mon, 22 Jul 2019 - 13:57


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BaggieBoy
post Mon, 22 Jul 2019 - 14:00
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I'm not seeing a simple way out of this, on the face of it you are guilty of the Failing To Name offence, just saying you don't know who was driving isn't going to cut it as a defence. So doing a Stat Dec is just going to put you back where you need to defend the charge again, on the face of it the outcome will be the same.
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Reuben1111
post Mon, 22 Jul 2019 - 14:07
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QUOTE (The Rookie @ Mon, 22 Jul 2019 - 14:57) *
You simply ask the court for an appointment to make a statutory declaration, at the hearing you make the declaration and as long as you can state you were unaware of the court action and found out about it less than 21 days before then they have no discretion to decline.

There really is no need for a solicitor.



Hi the rookie,
Thanks for your comment I did read on the forums this morning and rang the courts straight away the lady on the phone said I wasn’t able to start a statuary declaration because I had replied to the first letter acknowledging I didn’t know who was driving. Do you know if I could re open the case an at least go guilty for the speeding offence as my insurance are saying they can no longer insure me if I have a MS90.
Any help would be really appreciated
Thanks
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southpaw82
post Mon, 22 Jul 2019 - 14:59
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QUOTE (BaggieBoy @ Mon, 22 Jul 2019 - 15:00) *
I'm not seeing a simple way out of this, on the face of it you are guilty of the Failing To Name offence, just saying you don't know who was driving isn't going to cut it as a defence. So doing a Stat Dec is just going to put you back where you need to defend the charge again, on the face of it the outcome will be the same.

Except a discount for a guilty plea.

QUOTE (Reuben1111 @ Mon, 22 Jul 2019 - 15:07) *
QUOTE (The Rookie @ Mon, 22 Jul 2019 - 14:57) *
You simply ask the court for an appointment to make a statutory declaration, at the hearing you make the declaration and as long as you can state you were unaware of the court action and found out about it less than 21 days before then they have no discretion to decline.

There really is no need for a solicitor.



Hi the rookie,
Thanks for your comment I did read on the forums this morning and rang the courts straight away the lady on the phone said I wasn’t able to start a statuary declaration because I had replied to the first letter acknowledging I didn’t know who was driving. Do you know if I could re open the case an at least go guilty for the speeding offence as my insurance are saying they can no longer insure me if I have a MS90.
Any help would be really appreciated
Thanks

If the court won’t make the necessary arrangements do the declaration in front of a solicitor and post it to the court. It sounds like a classic case of an unqualified clerk deciding they know best!


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big_mac
post Mon, 22 Jul 2019 - 15:32
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QUOTE (southpaw82 @ Mon, 22 Jul 2019 - 15:59) *
Except a discount for a guilty plea.

but potentially an extra 3 years of declaring it to an insurance company?
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BaggieBoy
post Mon, 22 Jul 2019 - 15:42
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QUOTE (southpaw82 @ Mon, 22 Jul 2019 - 15:59) *
Except a discount for a guilty plea.

I didn't get the impression that pleading guilty was part of the plan to get it sorted.
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Jlc
post Mon, 22 Jul 2019 - 16:03
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QUOTE (Reuben1111 @ Mon, 22 Jul 2019 - 15:07) *
... the lady on the phone said I wasn’t able to start a statuary declaration because I had replied to the first letter acknowledging I didn’t know who was driving.

OMG (again).

See s14 of Magistrates' Courts Act.


QUOTE (BaggieBoy @ Mon, 22 Jul 2019 - 16:42) *
QUOTE (southpaw82 @ Mon, 22 Jul 2019 - 15:59) *
Except a discount for a guilty plea.

I didn't get the impression that pleading guilty was part of the plan to get it sorted.

There's a forlorn hope the original speeding charge could be resurrected?

But a lot could depend on the OP's relevant income as the fine (with discount) could be significantly less.

QUOTE (big_mac @ Mon, 22 Jul 2019 - 16:32) *
QUOTE (southpaw82 @ Mon, 22 Jul 2019 - 15:59) *
Except a discount for a guilty plea.

but potentially an extra 3 years of declaring it to an insurance company?

Convictions are from date of offence. Where does the extra 3 years come from?


--------------------
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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big_mac
post Mon, 22 Jul 2019 - 16:34
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QUOTE (Jlc @ Mon, 22 Jul 2019 - 17:03) *
Convictions are from date of offence. Where does the extra 3 years come from?

From what I can see in the ROOA, the rehabilitation period is from the date of conviction
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Jlc
post Mon, 22 Jul 2019 - 16:40
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QUOTE (big_mac @ Mon, 22 Jul 2019 - 17:34) *
QUOTE (Jlc @ Mon, 22 Jul 2019 - 17:03) *
Convictions are from date of offence. Where does the extra 3 years come from?

From what I can see in the ROOA, the rehabilitation period is from the date of conviction

For insurance though?


--------------------
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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Redivi
post Mon, 22 Jul 2019 - 17:05
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.....they sent me a picture of the rear of the car at night I wasn’t 100% on who was driving replied saying I’m still unable to say who was driving.....

Yet another thread where the OP has an MS90 for giving an honest reply instead of taking a best guess, safe in the knowledge that he/she couldn't be proved wrong
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