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Please help, statutory declaration and AOE
Nm2bns1986
post Sat, 14 Jul 2018 - 12:57
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Hi I’m in desperate need of advice :-(

I had a lease car and last year was caught speeding unbeknown to me. The lease company had the registered keeper document V5 so I think the leasing company gave the police my previous house address. I had changed address with my work place however as the lease car was thorough work and automatically got deducted from my wages I didn’t think to inform the leasing company.
So the police sent a letter asking to confirm who was driving the vehicle to my old address. I got charged for failing to provide the identity of the driver, a £811 fine and 6 points.

Fast forward to this month, I handed my lease car back as I got a new job. I bought a cheap runaround and went to get car insurance. I put that I had no penalty points. When I phoned my insurance company to give them the pass code so that they could check my license online that’s when it came to light that I’d got 6 penalty points. I was totally gobsmacked!!
I phoned the DVLA and they gave me further information. Then I phoned the court who had dealt with it and a nice lady told me further information and told me to apply for a statutory declaration hearing which is where you go to court and swear on oath that you knew nothing about it until now. I contacted my local court and arranged the appointment for next month as they are fully booked. I signed paperwork and signed to say that this is the truth. I was informed that any enforcement would be put on hold after my appointment was made for the statutory declaration hearing however if I do not attend the hearing then enforcement would continue.

This morning I have received a letter from the original court to inform me that they have applied for an attachment of earnings for the £811 and will begin to take it from my wage this month.
Surely if I’ve got the statutory declaration hearing they cannot do this until that hearing has taken place?
I agree that I am guilty of speeding and will fully own up and take the fine and points, however I did not receive any paperwork that asked me to confirm who the driver was.
What do I do? :-(

Thanks
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post Sat, 14 Jul 2018 - 12:57
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Jlc
post Sat, 14 Jul 2018 - 13:18
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QUOTE (Nm2bns1986 @ Sat, 14 Jul 2018 - 13:57) *
This morning I have received a letter from the original court to inform me that they have applied for an attachment of earnings for the £811 and will begin to take it from my wage this month.
Surely if I’ve got the statutory declaration hearing they cannot do this until that hearing has taken place?

Left hand, right hand. Until the SD is made the conviction remains so they can pursue.

In hindsight, you should have made a declaration with a solicitor and submitted it to the court. You can still do this - when is the hearing?

QUOTE (Nm2bns1986 @ Sat, 14 Jul 2018 - 13:57) *
I agree that I am guilty of speeding and will fully own up and take the fine and points

It may not be that simple. It will depend on which charges were originally pursued. Most forces pursue both charges, that is the speeding and the failing to furnish but if only the latter is pursued then it is extremely difficult to 'resurrect' the speeding.

This post has been edited by Jlc: Sat, 14 Jul 2018 - 13:18


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Nm2bns1986
post Sat, 14 Jul 2018 - 13:43
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I already have a hearing date and the court stated that enforcement action would be put on hold until my hearing in August, I think it’s the 9th August however I’d have to check my paperwork at home.
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Jlc
post Sat, 14 Jul 2018 - 13:47
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You can either chase to court to actually stop enforcement or make the 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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Nm2bns1986
post Sat, 14 Jul 2018 - 13:54
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I don’t know what you mean as the court said the earliest appointment was mid August however because I’ve actually made the appointment this is enough to stop enforcement until I go to court for the hearing.
I’m new to things like this so please can you explain in simple terms
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Jlc
post Sat, 14 Jul 2018 - 14:52
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Firstly contact the court on Monday to try and stop the enforcement - they aren’t set up for customer service though...

Otherwise, you can perform a SD somewhere else. A local solicitor will be able to do it for a nominal charge (or even free) - this can be submitted to the court to remove the conviction.

Until the SD is actually performed the conviction holds.

If you manage to stop the enforcement and go ahead with the court appointment you will be asked to submit a plea immediately. Unless the court processes ‘plea bargains’ as a matter of course (some do - that is allowing the serious failing to furnish charge to be dropped in favour of the speeding). You must not plead guilty to the speeding unless it’s confirmed the failing to furnish charge is dropped...


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Nm2bns1986
post Sat, 14 Jul 2018 - 15:16
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Thanks, that makes sense.
I will let you know how I get on on Monday.
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Nm2bns1986
post Sat, 14 Jul 2018 - 17:39
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Hi again

I wasn’t aware that they could still follow through with enforcement up until the statutory declaration despite me having already made an appointment. It has now gone over 21 days since I was aware of the court action and as soon as I found out I contacted my local magistrate court to make an appointment but the earliest date they had was 9tj August.
I don’t think a solicitor will be able to help me as it’s been over 21 days.
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southpaw82
post Sat, 14 Jul 2018 - 17:48
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QUOTE (Nm2bns1986 @ Sat, 14 Jul 2018 - 18:39) *
I don’t think a solicitor will be able to help me as it’s been over 21 days.

A solicitor can take the declaration, there is no time limit on that. Whether the court accepts it out of time is a matter of discretion for the court. It would help if you sent the declaration to the court under cover of a letter explaining that you called in good time to make an appointment.


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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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notmeatloaf
post Sat, 14 Jul 2018 - 20:21
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Either way make it, as has been said the solicitor will do it for very little/no money. Although it is the court's discretion whether to accept, them not being able to do it within 21 days is a strong plus in your favour.

Otherwise they would be rejecting a stat dec from a solicitor but (presumably) accepting one made by them even later. Bearing in mind they are essentially equivalent that would be nonsensical.

This is just an administrative step - although if you do end up doing it in court in August get advice here first or search the forums about plea bargaining, as they are likely to ask you to plead to the charges there and then.
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Nm2bns1986
post Mon, 13 Aug 2018 - 11:54
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Hi
I thought I would update; instead of finding a solicitor I waited until I could attend court and submitted the statutory declaration in person at my local court last week.
I have received a letter stating;

The court has accepted your statutory declaration and referred the matter to be heard again by the original court and adjourned the case.

I have to go to another court next week and the staff at the court I went to last week advised me to take proof that I did not live at the address and proof that it was in fact a lease car.

Does this mean that the attachment of earnings won’t continue?

Sorry I forgot to add that I pleaded not guilty to the offence of failing to provide the information relating to the driver of the vehicle.. purely because I didn’t receive the paperwork as it didn’t get sent to my correct address.
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The Rookie
post Mon, 13 Aug 2018 - 12:35
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Yes enforcement via the AoE should stop, but it may be worth contacting them to make sure they have got the message.


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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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Nm2bns1986
post Mon, 13 Aug 2018 - 12:37
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Thanks. I’ve been trying to phone them since this morning and the fines unit aren’t answering :-( . Will persevere
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Nm2bns1986
post Mon, 13 Aug 2018 - 12:54
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I’ve just managed to get through and was informed that a cheque had been sent out to me today and they have revoked the AoE and informed my employer.

When I attend court next week is this for the failing to provide details of the driver? So again I’ll plead not guilty and I’ve been told I’ll need evidence that I wasn’t at the address when the letters were sent out.
What will happen then? Surely they’ll want to do me for the original offence of speeding? Apparently I was doing 72mph on a 50road however there are no speed cameras on that road so it must have been a mobile van.
Thanks
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The Rookie
post Mon, 13 Aug 2018 - 13:01
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Yes, it will be for failing to ID, you have two choices
1/ attempt a plea bargain and plead guilty to speeding instead of the drop the S172
2, defend the S172 (they have no prooof you were driving) based on the feat the notice went to the wrong address, it depends on whether the bench consider that reasonable that you didn’t inform the lease company of a change of address and whether you can show you didn’t have to and the company should.


--------------------
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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Nm2bns1986
post Mon, 13 Aug 2018 - 13:08
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Thanks. I did update my address with Work however wasn’t sure I needed to with the actual leasing company as it was an automatic deduction from my salary and thought Work would have updated them. In hindsight I should have followed this up.

What do you think I should do? I accept that I was speeding however have not told anyone in court yet as they haven’t even brought this up yet.
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The Rookie
post Mon, 13 Aug 2018 - 13:50
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Did you give the lease company your address in the first place? If so I think your case is weak and the plea deal looks the best option.


--------------------
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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Logician
post Mon, 13 Aug 2018 - 14:48
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Ask the court for a copy of the SD when you make it, so that you can show it to anyone trying to collect money from you. The more alert courts provide that anyway.


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Nm2bns1986
post Mon, 20 Aug 2018 - 13:25
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Hi

So today was the day that I was due to attend court as after my statutory declaration was accepted at my local court it was referred back to the original court for a case management hearing.
I get there a bit early, find out that due to maintenance issues the court was closed today and that all cases had been transferred to another local court. I telephone the court and they had no details of me and stated I wasn’t down to be in court. They tell me to phone my local court to enquiry. I phone my local court and they say they emailed the court after my statutory declaration was accepted to inform them. I phone the court back and they said they had no idea. I was then advised to telephone another local court and they were rather mystified at why I was told to phone them. He puts me through to the county’s court listing department and again she says I’m not down to be in court however she will email the court and say I’ve telephoned, and what will probably happen is I will get a further letter to request me to go back to court on another date.
The stress is unbelievable as I am now worried that they are going to find me guilty in absence.
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