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SP30 Leading to an MS90, Lease company held my address incorrectly
wet567
post Wed, 12 Sep 2018 - 09:39
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Hi All,

I happened to check my license on the DVLA website earlier this week to find, to my shock and horror, a SP30 from March this year (0 points and no fine) and a MS90 - Failing To Give Identity Information (6 points and 660 fine).

Turns out after a bit of research - after I moved house last year I provided my car lease company with my new address, unfortunate they ignored the details I gave them and decided I lived at the other end of the road at a different address. (I have Email evidence i gave them the correct address). They have admitted it was their mistakes and I have asked them if they could put this in writing.

I have not received a NIP or anything from the police or the courts. I spoke to the local magistrates court who have arranged for me to appear in front of Magistrates to do a Statutory Declaration at the end of the month. At the moment i have no details of the offense, the court have said they will send details out when they have them (they have to get them from a different county)

I was hoping if anyone could:
a) give me some advise on the court appearance - what to take, what to say etc?
b) car insurance - my car insurance is due next week and the offenses on my license has tripled my premium! Hopefully the MS90 will be removed at the end of the month. any advice on this? I guess i have to tell my insurer but are there any out there who will take my circumstances into consideration?
c) anything else i should be doing?

Any advise would be greatly appreciated.

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post Wed, 12 Sep 2018 - 09:39
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Logician
post Wed, 12 Sep 2018 - 10:20
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The stat dec will set aside the convictions and sentence, but you are then likely to be asked to indicate a plea to the two charges, speeding and a s.172 (failing to provide information), say not guilty to both. This will result in a date being set for a trial. Provided that when you get the date of the speeding you are satisfied that it is more likely than not that you were driving, you will then be in a position to make a deal which is very common, to plead guilty to the speeding provided the s.172 is dropped, in normal circumstances we have never known a prosecutor refuse this.

If you were not driving or want to go down a different route you could defend the s.172 on the basis that you could not have responded to a request you did not receive, and the fact you did not receive it was in no way your fault. The deal is likely to be simpler, however. The slightly surprising thing is that you were convicted of speeding when there can have been no more than an assumption that you were driving, and then that there was no sentence. However, that is by the by.

On doing the deal my standard advice is:

Provided the speeding offence would attract less than 6 points on its own, you should plead Not Guilty to both offences, and then attend court on the date set, [despite any statement on the letter that you do not need to do so]. As there is no evidence as to who was driving your car, since you have not told them, there can be no conviction for the speeding unless you plead guilty. Get to court early and ask one of the ushers (people scurrying about with clipboards and possibly gowns getting things organised) to point out to you the prosecutor who will be dealing with traffic matters. Say to him/her that you will plead guilty to the speeding if they will drop the s.172. We have never heard of prosecutors refusing to do this, they prefer to get a conviction for the underlying offence, and regard the two offences as effectively alternative offences. If you do not manage to speak to the prosecutor beforehand, you should still be able to do the deal in the courtroom. It is very difficult to do this in advance of the court hearing as you would have trouble speaking to the right person.
If you had received the NIP you could have nominated yourself as the driver and would then have received the offer of a fixed penalty. The normal sentencing for speeding in court would be rather more severe than this, so you would have been disadvantaged. Therefore you should point this out to the court and request to be sentenced at the fixed penalty level, which is a guideline for magistrates' courts in these circumstances. The actual wording of the guideline is:

Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances


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wet567
post Wed, 12 Sep 2018 - 10:33
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Thanks for the information Logician, that's all really helpful and i will certainly use this information.

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nosferatu1001
post Sun, 16 Sep 2018 - 11:22
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As above, you certainly have a defence to the s172, it would seem.
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