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Ms90 conviction I was unaware, Someone has given my details to a vehicle “in trade”
Blinkvale16
post Sun, 23 Jan 2022 - 23:13
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Evening all and please bear with me on my first post:

So today I was filling out application for shotgun certificate and had to declare all motoring offences and thought I’d check online as knew I had an expired sp60 from around 12 years ago.

To my horror I find an Ms90 conviction from April 2018 and checked my bank (personal and business) and found my business partner had paid 2 fines within a 2 week window. I vaguely remember him saying he had been done twice. He was driving a vehicle in trade registered to our motor trade business. I believe he has given my details without me knowing as he would of totted up 12 points otherwise and resulted in a ban.

We don’t see eye to eye and I need to resolve this and ideally see him convicted for the offence in question and also for fraud. Any ideas on how to go about getting details of the NIP etc

TIA
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post Sun, 23 Jan 2022 - 23:13
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cp8759
post Sun, 23 Jan 2022 - 23:15
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The easiest route would be to report your findings to the police force in question. They do like prosecuting perverting the course of justice so they will likely jump on this.


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andy_foster
post Sun, 23 Jan 2022 - 23:47
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You have seemingly been convicted of a criminal offence (contrary to section 172(3) Road Traffic Act 1988) and had points ordered to be endorsed on your licence and fined. That fact that it "wasn't you" is a separate issue.

For the purposes of totting up, the points would have ceased to be relevant in respect of any offences committed more than 3 years after the date of the s. 172 offence, but are declarable to insurers for 5 years from date of conviction. It sounds like your partner paid the fine.

Presumably he gave your name at an address he had access to - otherwise his "cunning plan" would have been even more Baldrick than it currently is.

If within 21 days of becoming aware of the conviction you make a statutory declaration under s. 14 Magistrates' Courts Act 1980, the court must quash the conviction. N.B. As it has not generally been possible to get an appointment to make such a declaration within the 21 days for many years, for practical purposes as long as you contact the court in good time the subsequent stat. dec. should be treated as if it was made within the 21 days.





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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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The Rookie
post Mon, 24 Jan 2022 - 07:04
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As it’s an MS90 conviction , it is for not responding to a request for drivers details, so not sure why AF thinks he needed to use an address he had a connection or why the fine for the MS90 has been paid (£200 if offered a rare fixed penalty, otherwise circa £500). It’s possible this has nothing to do with those events at all, so if the fines you found paid were for £100, it definitely isn’t the same incident.

What has happened is you have been named as the keeper at some point, it could be the original notification was in your name and he merely binned it, of he could have named you and the address was either written wrongly or read wrongly by the police, or something else completely different.

This post has been edited by The Rookie: Mon, 24 Jan 2022 - 07:26


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IanJohnsonWS14
post Mon, 24 Jan 2022 - 09:23
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I'm with him ^ How would you be convicted of failing to name if your partner ended up with a fine for the offence - he was clearly named by someone or was the RK of the vehicle.

There is another offece out there.

Curious why motoring fines are being paid out of the business account unless the business was convicted of failure to name.


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andy_foster
post Mon, 24 Jan 2022 - 10:54
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I have taken the somewhat bold step of assuming that what the OP told us was correct and relevant - as opposed to the more basic standard of merely assuming that the OP believes that what he has told us is correct and relevant.

If, as the OP seems to believe, the OP's Machiavellian partner has paid the fine then he would have had to have received the paperwork regarding the case.

That said, it is not unknown for OPs to make assumptions which are somewhat wide of the mark, and it would indeed be prudent to investigate the possibility of it being unrelated to his partner - e.g. if he had moved house or bought a new car or otherwise not received a NIP (and SJPN and subsequent paperwork).



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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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The Rookie
post Mon, 24 Jan 2022 - 11:35
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I was working on the facts provided by the OP and leaving aside the assumptions which may have been based on a misunderstanding.

The amounts of the fines paid will clarify that for us, if they were £100 then this is unrelated to them.


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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
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Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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thisisntme
post Mon, 24 Jan 2022 - 11:51
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Or else the alleged miscreant gave the business address and then disposed of the offending printed material when it arrived.


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