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MS90 - STAT DECLARATION BOOKED IN
mewhyalways
post Wed, 20 Mar 2019 - 17:01
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I did some digging on my licence as I needed to renew it. dvla told me I cannot renew it because it was 'revoked'. I said when, they said around 2009; I was very much confused.

(I should had renewed my licence when it expired in 2012, but of course life takes its course)

so in the interim I was highly confused on this so ordered a provisional. But after more digging I was given 6 points and a £600 fine with ms90 - failing to provide driver information. I didn't know what all this related to.

fast forward and to cut a long story short, the woman from the courts advised me it was regarding a vehicle (which I did have) but I sold the vehicle. I probably had it for around 2 months if that.

I gave everything to the new person as you would do. Now I am thinking about it, they probably didn't change over the name on the logbook there and then and kept it how it was. (Yes you are supposed to send of the slip).

Now this has happened. The situation would be is that it was take me back to having to re-do my whole licence again, when in actual fact, I do not need to, as this situation 'was somebody else'.

How did the court even go ahead and issue myself with the points and the fine exactly? How does that even work? Did the police not do their checks on the actual driver etc...?

Now the court is going to further on my case and hopefully this will get settled.
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post Wed, 20 Mar 2019 - 17:01
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NewJudge
post Fri, 22 Mar 2019 - 18:32
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QUOTE (666 @ Fri, 22 Mar 2019 - 16:52) *
Revocation, yes. But don't the points only stay on his licence for four years from the date of the offence, not the conviction?

My insurer asks this:

Have you had any driving related convictions, endorsements, penalties, disqualifications or bans in the past 5 years?


QUOTE (Darkatmosphere @ Fri, 22 Mar 2019 - 16:55) *
Its clear the OP's SD is a main reason is to circumvent the New drivers Act, because by his reasoning he didn't have knowledge of the proceedings,

He won't circumvent the New Driver's Act if his prosecution is resurrected and it succeeds. If we ignore the long time lag between the alleged offence and now, there would be no such accusation. I'm assuming, of course, that he genuinely did not have knowledge of the proceedings in which case he is perfectly entitled to perform an SD regardless of the time lag. He may escape the resurrection of his prosecution if the papers are not available. Whilst it may be his fault he did not hear about the proceedings it is not his fault if the prosecution now cannot be pursued.
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mewhyalways
post Wed, 27 Mar 2019 - 13:42
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many thanks for your updates. I will update you when I have performed my statutory declaration next week.
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peodude
post Wed, 27 Mar 2019 - 17:08
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When did FtF change to 6 points. Wasn't it still 3 points in 2009?
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mewhyalways
post Wed, 27 Mar 2019 - 17:10
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QUOTE (peodude @ Wed, 27 Mar 2019 - 17:08) *
When did FtF change to 6 points. Wasn't it still 3 points in 2009?



I passed my driving test in 2009 (may 2009 I believe)

these points (6 points) were added around November 2009

that is within the 2 year period of passing your driving test - automatic revocation

no idea the timeframe but it shows 6 points and £600 fine

This post has been edited by mewhyalways: Wed, 27 Mar 2019 - 17:13
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NeverMind
post Wed, 27 Mar 2019 - 18:17
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QUOTE (peodude @ Wed, 27 Mar 2019 - 17:08) *
When did FtF change to 6 points. Wasn't it still 3 points in 2009?


Around 2007 I think.
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mewhyalways
post Tue, 2 Apr 2019 - 16:09
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SD is this week. Just to confirm, I will be going to the court to complete the SD. How soon after that can I re-apply for the licence? Same day? a week after? Will anyone there give me more information on it...?

I would also need to change/amend the address which they have so that it can go to my current address
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The Rookie
post Tue, 2 Apr 2019 - 16:32
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You don’t need to reapply, you just have to make sure the court inform the DVLA promptly and then you contact the DVLA and ask them to send you your licence, but you’ll need a new photo.


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mewhyalways
post Thu, 4 Apr 2019 - 15:38
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i didnt realise they asked me questions on the spot there and then ohmy.gif

nevertheless, the judge/panel said they will grant my SD (they conferred outside) came back in and said 'because its more than 9/10 years ago, we will reinstate the whole thing, and inform dvla, you should get your full licence sent to your house within a week or so...

basically around that, that is what they said to me....


so... cheers guys!!!
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Darkatmosphere
post Thu, 4 Apr 2019 - 16:09
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QUOTE (mewhyalways @ Thu, 4 Apr 2019 - 16:38) *
i didnt realise they asked me questions on the spot there and then ohmy.gif

nevertheless, the judge/panel said they will grant my SD (they conferred outside) came back in and said 'because its more than 9/10 years ago, we will reinstate the whole thing, and inform dvla, you should get your full licence sent to your house within a week or so...

basically around that, that is what they said to me....


so... cheers guys!!!

Now the case file is sent back to CPS so it’s not quite over yet!

This post has been edited by Darkatmosphere: Thu, 4 Apr 2019 - 16:09


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mewhyalways
post Thu, 4 Apr 2019 - 16:48
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the court clerk said something about


'it is done now, and I don't have to come back again for a hearing or a trial' …………………..????
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southpaw82
post Thu, 4 Apr 2019 - 17:35
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That’s not his decision to make.


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mewhyalways
post Thu, 4 Apr 2019 - 17:54
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QUOTE (southpaw82 @ Thu, 4 Apr 2019 - 18:35) *
That’s not his decision to make.



oh really.....? im interested to know more....?

…...so its not over then!? sad.gif
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southpaw82
post Thu, 4 Apr 2019 - 18:05
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QUOTE (mewhyalways @ Thu, 4 Apr 2019 - 18:54) *
QUOTE (southpaw82 @ Thu, 4 Apr 2019 - 18:35) *
That’s not his decision to make.



oh really.....? im interested to know more....?

…...so its not over then!? sad.gif

The decision to commence the prosecution or not rests, somewhat unsurprisingly, with the prosecutor, being the Crown Prosecution Service. The court cannot prevent a fresh prosecution, unless it would be an abuse of process. Whether it is in the public interest to prosecute you after such a long time, when any points applied to your licence would be instantly spent, or whether sufficient evidence exists still to prosecute you are different matters that the prosecutor will have to take into account.

This post has been edited by southpaw82: Thu, 4 Apr 2019 - 18:06


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mewhyalways
post Thu, 4 Apr 2019 - 19:38
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QUOTE (southpaw82 @ Thu, 4 Apr 2019 - 19:05) *
QUOTE (mewhyalways @ Thu, 4 Apr 2019 - 18:54) *
QUOTE (southpaw82 @ Thu, 4 Apr 2019 - 18:35) *
That’s not his decision to make.



oh really.....? im interested to know more....?

…...so its not over then!? sad.gif

The decision to commence the prosecution or not rests, somewhat unsurprisingly, with the prosecutor, being the Crown Prosecution Service. The court cannot prevent a fresh prosecution, unless it would be an abuse of process. Whether it is in the public interest to prosecute you after such a long time, when any points applied to your licence would be instantly spent, or whether sufficient evidence exists still to prosecute you are different matters that the prosecutor will have to take into account.




Right I see! sad.gif

So right now, after what the clerk said to me, I do not currently have a full active licence effective today?

Out of knowledge/what you know, how long would this process generally take? As she informed me I would receive my full licence within 1-2 weeks.....?
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southpaw82
post Thu, 4 Apr 2019 - 20:54
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Whether you have a licence right now is an interesting question of law that I don’t know the answer to off the top of my head. However, the safe option is to assume you don’t until the DVLA say otherwise. How long that might be is a piece of string.


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Darkatmosphere
post Thu, 4 Apr 2019 - 22:05
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QUOTE (southpaw82 @ Thu, 4 Apr 2019 - 21:54) *
Whether you have a licence right now is an interesting question of law that I don’t know the answer to off the top of my head. However, the safe option is to assume you don’t until the DVLA say otherwise. How long that might be is a piece of string.

I think following this advice would be the best, You also seem somewhat shocked and confused as to being told this case may not be over, you were informed a few times throughout the thread, you went through a administrative process that gained your licence back, but as warned, if the process starts again from the CPS side you risk having an MS90 all over again valid for the next 5 years and the hassle of it all from a fresh, so you are not home and dry as of yet.

I think the CPS now has 6 months in which to issues proceedings over again or inform you they are dropped.

What ever the clerk said throw it away, they may have been under the impression you were there to defend a FtF and not go through the Stat Dec Process.

BTW as soon your full licence is re issued the provisional is useless and cannot be used no longer, the opportunity to start from a fresh licence has now passed you by and you are now in fates hands that CPS don't have the case file, or decide not in the public interest, or time lapses to go back to court, or if it does go to court you win to keep your Full licence now.

This post has been edited by Darkatmosphere: Thu, 4 Apr 2019 - 22:07


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mewhyalways
post Fri, 5 Apr 2019 - 10:14
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QUOTE (Darkatmosphere @ Thu, 4 Apr 2019 - 23:05) *
QUOTE (southpaw82 @ Thu, 4 Apr 2019 - 21:54) *
Whether you have a licence right now is an interesting question of law that I don’t know the answer to off the top of my head. However, the safe option is to assume you don’t until the DVLA say otherwise. How long that might be is a piece of string.

I think following this advice would be the best, You also seem somewhat shocked and confused as to being told this case may not be over, you were informed a few times throughout the thread, you went through a administrative process that gained your licence back, but as warned, if the process starts again from the CPS side you risk having an MS90 all over again valid for the next 5 years and the hassle of it all from a fresh, so you are not home and dry as of yet.

I think the CPS now has 6 months in which to issues proceedings over again or inform you they are dropped.

What ever the clerk said throw it away, they may have been under the impression you were there to defend a FtF and not go through the Stat Dec Process.

BTW as soon your full licence is re issued the provisional is useless and cannot be used no longer, the opportunity to start from a fresh licence has now passed you by and you are now in fates hands that CPS don't have the case file, or decide not in the public interest, or time lapses to go back to court, or if it does go to court you win to keep your Full licence now.



the clerk said to me 'do I know what I am here for'

I said 'I am here regarding a driving offence/matter?'

then she said 'what am I looking to do exactly?'

I said 'I am looking to fill out a stat dec and plead not guilty'... she then proceeded with the case and the judge/panel were asking me questions etc, and it seemed they could see the predicament I was in.

The panel then said they will award the stat dec and handed it to the clerk. The clerk was speaking with someone quite senior with regards to the law on this matter... the clerk went outside and spoke to the 'prosecution'. She came back and she said 'good news, they've said that because this is 10 years old, they will/it will be closed and the stat dec granted, and my full licence will be sent within a week.'

after she said that to me I CONFIRMED 'so to confirm I will receive my full licence in the post, going to the address I put on the stat dec within 1-2 weeks? she confirmed yes. I do not need to do anything more from here on, just wait for the licence and they (the court) will inform DVLA to re-send to me again...


Forgive me for my confusion from what she/they said and what you lot are saying.
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southpaw82
post Fri, 5 Apr 2019 - 14:24
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Well, that’s substantially different to what you originally said, isn’t it?


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mewhyalways
post Fri, 5 Apr 2019 - 14:41
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QUOTE (southpaw82 @ Fri, 5 Apr 2019 - 15:24) *
Well, that’s substantially different to what you originally said, isn’t it?



Thanks,

Its pretty much the same, I may have just added a bit more which I could remember...

Nevertheless, I will await 1-2 weeks to see if I receive the licence, and/or I will call DVLA and ask them for an update.
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Darkatmosphere
post Fri, 5 Apr 2019 - 15:58
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It’s hard to keep track of the OP when he only posts snippets, has tunnel vision on his licence and its not disputed his licence now Stat Dec has been done will be returned to him, he also entered a plea? but the op cannot see past this event. At first the OP led us to believe he had a difficult time at stat dec with awkward and difficult questions putting him on the spot, now we are led to believe the clerk rolled out the red carpet and once stat dec was completed and plea entered? pressed a prosecutor there and then on a decision for further proceedings. Something isn’t right quite here I feel.

This post has been edited by Darkatmosphere: Fri, 5 Apr 2019 - 22:19


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