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MS90 Statatory Declaration help and advice please
Sarah Aitkin
post Wed, 26 Dec 2018 - 12:57
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Dear All,

First of all may I wish you all seasonal greetings, and the very best for 2019.

I am in quite a pickle, and do not know which way to turn, so far as to say Christmas has been a very stressful time.

Out of the blue on 17th October I received a letter saying I had 6 points on my license and an around £800 fine for doing 40mph in a 30 zone.

I panicked, asked a friend whom said that since I was speeding I have to accept this punishment, as I was speeding, and pay the fine, so I made arrangements and started paying it bit by bit. I think my first payment was in November.

Now speaking to someone last week they advised me that what's actually happened is that I've been hit with a MS90 for failing to declare who the driver was, and for doing 40 should be a possible 3 points etc.

I can categorically say that no letters were sent to my house, as I'm quite a stickler for opening my mail, and responding to ones that need addressed quite quickly. Sometimes my mail will be dropped off by a neighbor where a letter may have inadvertently gone, and vice versa, but the house next door has been empty for over a year. My mother missed a very important appointment at hospital too, as the letter was not received.

I have now been told that I should have done what's called a statutory declaration within 21 days.

This was not done within 21 days as

1) I only became aware about this recently.

2) I would not have been able to do this within 21 days as my mother had an abdominal operation, and due to complications was re-admitted back into hospital with internal bleeding, and I was looking after her.

My question to all you knowledgeable people is, would I be able to still do an SD or shall I chalk it up to a lesson learnt, and try and move forward with what I have done.

I sincerely look forward to your replies.

Kind Regards
Sarah.

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post Wed, 26 Dec 2018 - 12:57
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Redivi
post Wed, 26 Dec 2018 - 13:10
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Check your car's registration document to make sure it has the right address

Have you moved house ?
Updating your driving licence address doesn't update the car's
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Sarah Aitkin
post Wed, 26 Dec 2018 - 13:27
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Good Afternoon Redivi,

First of all thank you for your prompt reply.

No I haven't moved house, my mother and I have lived here for over 10 years.

Kind Regards
Sarah
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The Rookie
post Wed, 26 Dec 2018 - 15:32
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And the answers to the other 2 questions are........?


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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!

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Jlc
post Wed, 26 Dec 2018 - 15:49
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You can still apply to have the conviction set aside by a Statutory Declaration but the court does not have to accept it if made after the 21 days. (It has no option within 21 days)

I suggest you contact the convicting court (if local) ASAP to apply. You will have to have a good reason - the medical situation may be considered.

This post has been edited by Jlc: Wed, 26 Dec 2018 - 15:52


--------------------
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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Sarah Aitkin
post Wed, 26 Dec 2018 - 16:07
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i do apologise, I've never been on a forum before, so please excuse me, as I'm not au fait with how things are done.

the answers are....

Check your car's registration document to make sure it has the right address? yes it does

Have you moved house ? No
Updating your driving licence address doesn't update the car's, thanks for the info

Kind Regards
Sarah

Jlc,

Thank you for the advice. I sincerely appreciate it.

May i also ask.

I was reading a post where it said(assuming I get to the SD stage), to plead not guilty to both situations.

I would like to plead not guilty to the awareness of the MS90, as no letters were received, however, It was me driving my car, so why would one plead not guilty to that, at that stage.

Once again thank you or your help.

Kind Regards
Sarah
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BaggieBoy
post Wed, 26 Dec 2018 - 17:14
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QUOTE (Sarah Aitkin @ Wed, 26 Dec 2018 - 16:07) *
I would like to plead not guilty to the awareness of the MS90, as no letters were received, however, It was me driving my car, so why would one plead not guilty to that, at that stage.

(Assuming you are dual charged) You would only plead guilty to the speeding once the prosecution has agreed to drop the FtF charge, they usually do.
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Dwaynedouglas
post Thu, 27 Dec 2018 - 15:55
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Is your car a lease car?


--------------------
I'm not a lawyer or legally trained, my opinion is based on my experience - follow at your own risk.
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Sarah Aitkin
post Sun, 30 Dec 2018 - 10:16
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Hello, and good morning Dwayne,

please excuse the lateness in reply, all this is getting me down, but I'm sure a few glasses of bubbly over NYE will help.

No the car is not a lease, I bought it.

Regards
Sarah.

One last thing,

What ID do i need to take to court(assuming they allow me to do a SD), as my passport is expired, and so is my photo drivers license.

The paper part has still quite a few years left on it to run.

Regards
Sarah.
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peterguk
post Sun, 30 Dec 2018 - 18:12
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If you haven't done so already. get your V5 document out and in your hand. (Your car's registration document). Please don't guess.

Is the name and address EXACTLY correct? If yes, what is the DOC REF DATE at the bottom of page 2?

This is where the NIP and other related police and court documents would have been sent. It is highly unlikely a handful of letters all went missing, and an incorrect V5 address is the normal reason for non-receipt.

Your DL has nothing to do with the address police send NIPs to.

This post has been edited by peterguk: Sun, 30 Dec 2018 - 18:25


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Fredd
post Sun, 30 Dec 2018 - 18:30
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QUOTE (Sarah Aitkin @ Sun, 30 Dec 2018 - 10:16) *
What ID do i need to take to court(assuming they allow me to do a SD), as my passport is expired, and so is my photo drivers license.

The paper part has still quite a few years left on it to run.

Unless you hold a NI licence, the paper counterpart has just been a redundant historical relic for more than 3 years now. You do need to renew your photocard, otherwise you commit a separate offence.


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Fredd

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Sarah Aitkin
post Sun, 30 Dec 2018 - 18:45
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OMG!!!!

It never rains but it pours.

I so want this year, and all the bad stuff that has happened to just disappear.

I'm very grateful for you for pointing this out.

I'm really at the end of my tether.

Kind Regards
Sarah.

The paper "counterpart" part is still in date till 2050, but the photo ID ran out over a year ago.

Am I going to face a £1,000 fine for having an out of date "Photo" drivers license, or will they still renew it.

Regards
Sarah
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The Rookie
post Sun, 30 Dec 2018 - 19:37
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No, just put that to one side and concentrate on the matter at hand, there are very few prosecutions for expired photocards (your licence to drive doesn’t expire) unless the police suspect it’s deliberate.


--------------------
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 10-0 PPC's
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Sarah Aitkin
post Sun, 30 Dec 2018 - 20:07
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Thanks for putting my mind to ease Rookie.

I'm a firm believer in "if its not a blessing, its a lesson", and tomorrow morning I shall be down the post office to renew it ASAP.

To all who have helped me so far, i am eternally grateful, and sincerely hope you all have an amazing new year, and all your hopes and wishes are full filled.

Kind Regards
Sarah.
x

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Jlc
post Sun, 30 Dec 2018 - 20:09
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Do you have birth certificate?


--------------------
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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Sarah Aitkin
post Sun, 30 Dec 2018 - 20:40
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Yes I have a birth certificate, also I have booked online to get a fast track passport(same day renewal) at the weekend, so hopefully by the following Monday I shall have a renewed passport, and tomorrow I shall have renewed my drivers license.

Kind Regards
Sarah.

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Jlc
post Sun, 30 Dec 2018 - 20:42
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Ok, birth certificate should be sufficient for SD.


--------------------
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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Sarah Aitkin
post Sun, 30 Dec 2018 - 20:57
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Thanks Jlc

Kind Regards
Sarah
x
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peterguk
post Sun, 30 Dec 2018 - 21:40
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You missed post no. 10:

If you haven't done so already. get your V5 document out and in your hand. (Your car's registration document). Please don't guess.

Is the name and address EXACTLY correct? If yes, what is the DOC REF DATE at the bottom of page 2?

This is where the NIP and other related police and court documents would have been sent. It is highly unlikely a handful of letters all went missing, and an incorrect V5 address is the normal reason for non-receipt.

Your DL has nothing to do with the address police send NIPs to.


--------------------
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Sarah Aitkin
post Mon, 31 Dec 2018 - 11:30
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Hi Peter,

Yes you're right, I did miss this post, and please accept my apologies.

All details are correct.

I did finally pluck up the courage to kick out my abusive, and controlling partner around this time, and one of my girlfriends did say, maybe he threw out the letters, this would not be beyond the realms of his vindictive capabilities, however without proof, I shall not give this much thought.

It is very easy to cast aspersions without a modicum of proof, and I certainly do not adhere to doing this, life's too short, and paying mind to assumptions without proof leads to a very unhealthy and negative state of mind.

I have renewed my drivers license this morning, made a fast track appointment for same day passport, and written to the courts.

I was told not to apply for SD as I had notice in the form of first letter notifying me of the £811 fine, and so I've done as they told me, to e mail them, so hopefully one will await their reply, if I'm granted a hearing, since it's outside the 21 day period, then that's great, and if not so be it.

I've stressed too much, and wine o' clock will start around lunch time, followed by a house full of guests later this evening.

All the best for the new year.

Kind Regards
Sarah.
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