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MS90 6 points, already made stat declaration
Migghd
post Thu, 2 Jul 2020 - 01:26
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Hello, back in January I received a speeding fine for a car I do not own and wasn’t driving at the time, received mail to my old address. Never received it.Now I found out I have got 6 points for MS90. Already made a statutory declaration and a hearing is due at a later date. Now here’s my problem, I am applying for a job as a bus driver, I already have 9 points (including this 6 MS90).My question is that are the 6 MS90 points invalid? And what should I say to the bus company. Should I say I have 3 points or 9 considering that I have checked gov website and it’s still showing 9 points, I’m at a loss at what I should do and say to secure this job, as jobs now are very hard to come by. Thank you for reading and hopefully get some advice on what to do in this odd situation.
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post Thu, 2 Jul 2020 - 01:26
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Logician
post Thu, 2 Jul 2020 - 02:10
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I think you have to explain the situation in full to the bus company, and that you have already made a statutory declaration and the 6 points will be coming off your current number. The bus company are very likely to check with the DVLA, I would think, and if you have declared 3 points and they see 9, your explanations as to why are bound to seem a bit lame, far better to be upfront. Did you get a copy of the stat dec you can show?

Do you also have the traffic commissioners to worry about?


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BertB
post Thu, 2 Jul 2020 - 10:30
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Have you ever owned this vehicle? Do you recognise the VRN?

It seems strange to have charged you with FTF if someone has nominated you and you have failed to respond. There is a live case on this page currently where the CTO have gone back to the person who nominated a friend who has not replied to charge him as nominator with FTF.

I would have expected a further investigation on receiving no reply, rather than just a simple charge & conviction for you. Otherwise we can all nominate a random person we know who has moved house in order to opt out of points and a fine.
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TonyS
post Thu, 2 Jul 2020 - 15:48
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QUOTE (BertB @ Thu, 2 Jul 2020 - 11:30) *
It seems strange to have charged you with FTF if someone has nominated you and you have failed to respond. There is a live case on this page currently where the CTO have gone back to the person who nominated a friend who has not replied to charge him as nominator with FTF.

We don't know that they haven't done the same here. In both cases they could be charging both people.
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Migghd
post Thu, 2 Jul 2020 - 17:13
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Yeah, I’m making a court order next week, my question is that are these 6 MS90 points valid still?
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The Rookie
post Thu, 2 Jul 2020 - 18:25
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You don’t make a court order, the court does. Presumably you mean making the declaration.

Yes, the points are valid until after the court accepts the declaration.

This post has been edited by The Rookie: Thu, 2 Jul 2020 - 18:26


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Migghd
post Thu, 2 Jul 2020 - 18:53
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QUOTE (The Rookie @ Thu, 2 Jul 2020 - 19:25) *
You don’t make a court order, the court does. Presumably you mean making the declaration.

Yes, the points are valid until after the court accepts the declaration.



Yes I’ve already made the declaration over the phone. and waiting a date in court
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southpaw82
post Thu, 2 Jul 2020 - 19:31
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QUOTE (Migghd @ Thu, 2 Jul 2020 - 19:53) *
QUOTE (The Rookie @ Thu, 2 Jul 2020 - 19:25) *
You don’t make a court order, the court does. Presumably you mean making the declaration.

Yes, the points are valid until after the court accepts the declaration.



Yes I’ve already made the declaration over the phone. and waiting a date in court

I’d be surprised if the court took the declaration over the phone. If they did, why are you going to court?


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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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The Rookie
post Thu, 2 Jul 2020 - 19:54
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I think you’ve made the appointment over the phone, the court date is to make the actual declaration.


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

PPC PCN's
Rookies 10-0 PPC's
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