PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

MS90 Statatory Declaration help and advice please
Sarah Aitkin
post Wed, 26 Dec 2018 - 12:57
Post #1


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



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.

Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 34)
Advertisement
post Wed, 26 Dec 2018 - 12:57
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Logician
post Mon, 31 Dec 2018 - 14:13
Post #21


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



You are well rid of that one then, have a great time with good friends and, as you say, stop stressing. Hope 2019 is a better year for you.


--------------------



Go to the top of the page
 
+Quote Post
Sarah Aitkin
post Mon, 31 Dec 2018 - 15:17
Post #22


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



Thank you for your kind words Logician, and yes I am glad to get rid now, but at the time I was blaming myself for being a failure, alas time is a great healer, and teacher.

All the best to you to, and hope 2019 brings you many many joyous moments.
x

Kind Regards
Sarah

Go to the top of the page
 
+Quote Post
Sarah Aitkin
post Mon, 31 Dec 2018 - 15:35
Post #23


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



I would like to say that i am eternally grateful for all that have helped so far, grateful for forums like this, that help the common woman/man, and once this process is over I most definitely would like to make a donation to this site, if there is a way to do so.

To one, and all, and most importantly those who have helped me, I wish you all the very best for 2019, may all your dreams and wishes be fulfilled in the coming year.

P.S. apologies if Ive asked questions that you have answered many times before on other posts, i am new to all of this, and would have buried my head in the sand and accepted the MS90, and its consequences without your help.

All the best.

Kind Regards
Sarah
xxx
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 31 Dec 2018 - 16:25
Post #24


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Happy New Year....

Donations Here.


--------------------
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.
Go to the top of the page
 
+Quote Post
Sarah Aitkin
post Thu, 3 Jan 2019 - 16:44
Post #25


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



Afternoon All,

I hope all your hangovers have dissipated, well mine has barely.

So I've had some good news in so far as I have been given a date for a SD next week.

May I ask, what does this actually entail.

Do I have to stand in a dock and answer all the questions from a judge, or do I give a monologue-esque speech of what has transpired.

Kind Regards
Sarah
x
Go to the top of the page
 
+Quote Post
Logician
post Thu, 3 Jan 2019 - 17:19
Post #26


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



The court's legal advisor will help you to complete a form declaring that you knew nothing about the hearing at which you were convicted and requesting that the conviction be set aside. You then go into the court, in the witness box and swear it is true. In your case you will also have to explain why you did not do this within 21 days and ask the court to accept it out of time. The only questions should relate to that aspect. This may be in front of a District Judge (MC) but more likely in front of magistrates.


--------------------



Go to the top of the page
 
+Quote Post
Sarah Aitkin
post Thu, 3 Jan 2019 - 17:33
Post #27


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



Thanks for the help Logician.

Is it possible to take one of my girlfriends in with me for moral support.

Kind Regards
Sarah
x
Go to the top of the page
 
+Quote Post
cp8759
post Thu, 3 Jan 2019 - 18:12
Post #28


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Sarah Aitkin @ Thu, 3 Jan 2019 - 17:33) *
Thanks for the help Logician.

Is it possible to take one of my girlfriends in with me for moral support.

The court is a public venue so anyone can go providing they sit quietly at the back of the court and don't talk or interrupt. If you explain to the clerk that you have a friend for moral support they will be shown where they can sit.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
Logician
post Thu, 3 Jan 2019 - 18:14
Post #29


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



QUOTE (Sarah Aitkin @ Thu, 3 Jan 2019 - 17:33) *
Thanks for the help Logician. Is it possible to take one of my girlfriends in with me for moral support. Kind Regards Sarah x


Yes, she can go with you and talk to the legal advisor out of court, in court she will have to sit in the public gallery at the back of the court, but she will be there for you. It should not in any way be an intimidating process.



--------------------



Go to the top of the page
 
+Quote Post
Sarah Aitkin
post Thu, 3 Jan 2019 - 18:29
Post #30


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



I guess I am feeling really intimidated already tbh.

Not because of the facts, as they are true, but more for the fact that I've never been in this position.

I do apologise if I'm asking silly questions, but this place is the only place I feel I can get reassurance based on facts rather than opinions from friends.

Kind Regards
Sarah.
x


Go to the top of the page
 
+Quote Post
Logician
post Thu, 3 Jan 2019 - 19:13
Post #31


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



QUOTE (Sarah Aitkin @ Thu, 3 Jan 2019 - 18:29) *
I guess I am feeling really intimidated already tbh. Not because of the facts, as they are true, but more for the fact that I've never been in this position. I do apologise if I'm asking silly questions, but this place is the only place I feel I can get reassurance based on facts rather than opinions from friends. Kind Regards Sarah. x


You are not asking silly questions at all, this is something that few people have experience of, and the whole idea of appearing in court at all is scary to those who have never been in one. What would be silly is in fact not asking the questions. Helping people like yourself is really why we, who have the knowledge and experience, post here. We are here to help.



--------------------



Go to the top of the page
 
+Quote Post
Sarah Aitkin
post Tue, 15 Jan 2019 - 20:23
Post #32


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



Dear All,

So my court appearance took place, and I thought I'd update you all on the result.

I was panicking to say the least, and had asked a friend to accompany me. I decided to dress smart, and professional, and when I opened the door to let my friend in, well, she was dressed like we were about to hit the town wearing a black mini skirt, black leather jacket, red Valentino spiked heels, and red lipstick. "Oh dear, why didn't I give her a little instruction on what to wear" was my first thought.

When we got to court I was feeling very anxious, and sitting next to my friend, and to all the open mouthed men gawping, it probably looked like a solicitor sitting with her client, a prostitute, but I quickly banished that thought from my head, as I had more worrying thoughts on my mind.

The usher came running to us, and was very, very helpful, and told me that I could make a deal with the prosecutor. Upon hearing this my friend quicklyinterjected before he could finish, and asked where he was. The Usher informed us that the prosecutor is not in today, and I would have to do my SD in court. Elation quickly turned to despair, and after a few trips to the loo, I calmed my nerves again.

I thought what would be will be, so no point stressing too much.

There was a delay in going into court, and when it was time, the usher came and got me, he said it was ok for my friend to sit in the gallery, and told us to turn our phones off before we walk into the court room.

A woman was sitting on a type writer, and she started to ask me questions, when all of a sudden my frined's phone started ringing. She answered the call and started talking on the phone saying she was in court etc, oblivious to what instructions we were given, or where we were. The woman on the type writer shouted at her to switch her phone off, and put it away, the judges looked at each other with a confused look on their faces before whispering to each other, and smiling, at this point I though it was over, and I was stuck with an MS90 on my record for 5 years.

At this point my emotions got the better of me, and I broke down in tears, luckily I had been to the toilet or I'm sure I would have wet myself.

It must have taken me at least 10 minutes to get my composure again.

The judges were very kind in giving me as much time as i required to compose myself, and I continued.

I really can't recall much of what happened next as the type writer woman was asking me questions, my emotions were all over the place, and all I was trying to recall was what I had memorised about people finding themselves in my position to have the failure to furnish dropped in exchange of pleading guilty.

The judges did first of all, allow me to do the SD out of the 21 days, and then when asked how I was pleading , I blurted out my memorised bit, and they agreed to this.

I thanked the honours, and was given 3 points and a £211 or so fine, which would be deducted from the fine I'd already paid.

I looked back at my friend and smiled to which point she started cheering and clapping. I looked back at the judges and apologised for crying, and more importantly my friends actions, and they said it was very entertaining to them, but not for me I.

I would like to say a very big thank you to Redivi, The Rookie, Jlc, BaggieBoy, Dwaynedouglas, Fredd, peterguk, Logician, and cp8759, for helping me, and answering all my questions however silly they were.

In a perfect world I would love to buy you all a bottle of wine, however I know that may not be possible, so I have made a donation to the local animal shelter in your honour.

Just as I found this site, I recall calling a solicitor, or 2, and was quoted circa £1500 flat rate for them to take my case after I had done an SD, monies which I would have gladly paidto get rid of the MS90/S.172, but you guys gave me the confidence, courage, and strength to pursue this matter on my own, and I'm glad that I did.

Once again I am eternally grateful to one and all who helped me, this site for it's existence, and please keep up the good work.

Kindest Regards
Sarah.
xxx
Go to the top of the page
 
+Quote Post
peterguk
post Tue, 15 Jan 2019 - 20:32
Post #33


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (Sarah Aitkin @ Tue, 15 Jan 2019 - 20:23) *
was given 3 points and a £211 or so fine


Did you ask to be sentenced at CoFP level? Fine should have been £100.


--------------------
Go to the top of the page
 
+Quote Post
Sarah Aitkin
post Tue, 15 Jan 2019 - 20:47
Post #34


Member


Group: Members
Posts: 19
Joined: 26 Dec 2018
Member No.: 101,593



Hi Peter

I didn't/don't know what is CoFP is. I had to fill in a form of my wages, and out goings etc, and they told me what the fine was. Tbh, I was/am glad it's over.

Kind Regards
Sarah.
x
Go to the top of the page
 
+Quote Post
Logician
post Tue, 15 Jan 2019 - 22:18
Post #35


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



Well done Sarah, it is not easy appearing in court and representing yourself to best advantage, and you got the right result. Possibly you could have been sentenced at the fixed penalty level (CoFP) but not all courts will do that anyway. For information, the woman at the keyboard was the court's legal advisor, and the three people on the bench were magistrates, who are lay volunteers. If you ever have to got to court again, for whatever reason, it will not be so intimidating next time.
Thank you for your charitable donation, and very pleased we could help you.


--------------------



Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 06:51
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here