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Fighting a MS90 conviction after 21 days and already paying the fine
Spud_Man
post Fri, 16 Nov 2018 - 17:03
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Evening all,

Last month I received a letter from my employer telling me that deductions would be made from my wages to cover a court fine that has been unpaid. Subsequently I did some digging and found out this related to a speeding offence back in April for which I failed to provide driver details. I called myself and idiot for forgetting to update the V5C, accepted it was my own fault and paid the fine to make the problem go away ASAP which was ideal at the time due to other things going on.

Now that the other things have passed and I have sometime to look at it further I did some reading and saw that what I should have done is submitted as statuary declaration to the court upon finding out about the offence.

Is a statuary declaration still an option despite it now being over 21 days and having also paid the fine? If yes what is the likelihood of being successful in court and being charged with just the speeding offence?

This post has been edited by Spud_Man: Fri, 16 Nov 2018 - 17:04
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post Fri, 16 Nov 2018 - 17:03
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The Rookie
post Fri, 16 Nov 2018 - 17:34
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The court HAS TO accept a stat dec made within 21 days, they don’t have to outside but may, worth a shot as
1/ It’s probably better for the number of points accumulated as you’ll have received 6 and the majority of speeding events will attract 3
2/ Insurers love to hate the MS90 code for failing to furnish driver details and you’ll be paying a higher premium for that than a speeding (SP30 or SP50 most likely) code
3/ It’s likely the fine will be lower and you may be able to get it down to the £100 fixed penalty if your speed was low enough (plus some costs/surcharge).


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Spud_Man
post Fri, 16 Nov 2018 - 19:38
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QUOTE (The Rookie @ Fri, 16 Nov 2018 - 17:34) *
3/ It’s likely the fine will be lower and you may be able to get it down to the £100 fixed penalty if your speed was low enough (plus some costs/surcharge).

If this is the case what happens to the fine that I have already paid? Refunded and the new fixed penalty charge requires payment or will I be paying a fixed penalty on top of what has already been paid?
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The Rookie
post Fri, 16 Nov 2018 - 20:09
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You’ll be refunded it, you won’t be paying a fixed penalty, you hope the court applies the same tariff, but that depends on your speed and the limit.


--------------------
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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Spud_Man
post Sat, 17 Nov 2018 - 09:41
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Ok, so is the process fairly straight forward? Never been to court for anything so I've no idea what to expect.

I contact the court and hope they will hear my SD, once I get a date I stand up in court explain that I did not receive letters due to not updating my address quickly enough and then hope they offer to go back down to the original offence?
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Jlc
post Sat, 17 Nov 2018 - 10:16
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A successful SD would only remove the conviction - if it is granted then you will be asked to enter a plea to the offence(s). Some courts are more 'plea bargain' friendly than others and may allow the matter to be settled there are then.

But if they don't then you'll have to enter not guilty plea(s) and come back another day*. The plea bargain is not a right but it is routine practice and will be made more difficult if the underlying charge was not originally pursued.

* unless there's only a single s172 charge and you wish to plead guilty to get discount

This post has been edited by Jlc: Sat, 17 Nov 2018 - 10:17


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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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Logician
post Tue, 20 Nov 2018 - 11:53
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Accepting an SD late is at the discretion of the court, and if you want them to exercise it, I would come up with a better explanation than that you were too busy to bother with it.


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