Statutory declaration. |
Statutory declaration. |
Mon, 26 Aug 2019 - 12:05
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#1
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
Just require some insite on where best to go next. On the 8th march I received a notice saying I was been charged with traffic offences.
2 for speeding and failing to give driver information. I had never had any notices previous to this so I immediately went onto the make a plea website and pleaded not guilty and stated I had never received any prior paper work. Fast forward to a few days ago and I came back off holiday to a further steps notice for not paying a fine. I didn't even know at this point the 2 items were related so I phoned the court to be told it was for the offences above and I had be found built in my absence. I immediately told them yet again I was not made aware of any trial. She went away and came back asking me to confirm my address this I did and stated I have lived here over 5 years. The paperwork had gone to an address I lived at over 9 years ago. Not even my previous address which was my parents. I have am appointment now in November to make a statutory declaration. But wonder if there is anything else I should be doing. |
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Mon, 26 Aug 2019 - 12:05
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Mon, 26 Aug 2019 - 12:27
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#2
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
The most practical thing you can do at the moment (other than possibly performing a statutory declaration elsewhere and serving it on the court, which tends to confuse them) is try to work out how this has happened to give you a head start on the viability of any applicable defences.
Presumably the first notice you received was a Single justice Procedure Notice? If so, it would have specified the time, date. location, vehicle and nature of these 'traffic offences'. Was it addressed to you at your current address, or forwarded? What is your relationship to the vehicle? If it is your vehicle, is the V5C up to date (does it have your correct name and current address - particularly the address)? Is the address on your driving licence correct/current? -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Mon, 26 Aug 2019 - 12:53
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#3
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
I am the owner and registered keeper of the vehicle.
I have lived at my current address since 2014 and the car is registered at this address. I never got anything to do with admitting or naming the driver. The first letter I got was the plead guilty or not guilty to the offences in March. Which I did online. Then after this all paperwork according to the lady at court has gone to an address I lived at over 9 years ago. Left their in March 2011. Yes my license is at this address to. Missed that in your post. |
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Mon, 26 Aug 2019 - 13:46
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Have you got out the V5c registration document and checked (acknowledging it’s unusual to keep a car that long)?
Do you have any other connection with that address (your parents house for example)? Presumably you were found guilty at a new date which you didn’t receive (not that your plea wasn’t received)? -------------------- 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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Mon, 26 Aug 2019 - 13:59
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#5
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
The car is only 6 years old and I have owned it for 4 years all at my current address. I was found guilty in my absence. The address in question was a house I rented no other connection to it.
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Mon, 26 Aug 2019 - 14:01
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Presumably you were found guilty at a new date which you didn’t receive (not that your plea wasn’t received)? Being found guilty in your absence doesn’t answer this question........ -------------------- 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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Mon, 26 Aug 2019 - 14:10
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#7
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
I can only assume so. The next letter from them is a further steps notice. I have an email confirmation from my justice.gov plea online.
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Mon, 26 Aug 2019 - 15:27
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#8
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
How long ago was the plea submitted?
-------------------- 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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Mon, 26 Aug 2019 - 15:36
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#9
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
March 9th the day I received the letter.
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Tue, 27 Aug 2019 - 16:25
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#10
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
The most practical thing you can do at the moment (other than possibly performing a statutory declaration elsewhere and serving it on the court, which tends to confuse them) is try to work out how this has happened to give you a head start on the viability of any applicable defences. Presumably the first notice you received was a Single justice Procedure Notice? If so, it would have specified the time, date. location, vehicle and nature of these 'traffic offences'. Was it addressed to you at your current address, or forwarded? What is your relationship to the vehicle? If it is your vehicle, is the V5C up to date (does it have your correct name and current address - particularly the address)? Is the address on your driving licence correct/current? Why does sending a statutory declaration confuse them. I am confused everywhere I read reads like bend over and take it. |
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Tue, 27 Aug 2019 - 16:36
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#11
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Why does it confuse them? Don’t know, ask them, while the law says they must accept it, it’s not always that easy.
Which is why we suggest doing at court which they can cope with. What has happened doesn’t necessarily give you any defence. -------------------- 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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Tue, 27 Aug 2019 - 16:58
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#12
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
So not receiving any paperwork. To getting some that made me aware and then finally them getting the address messed up again is not a defence.
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Tue, 27 Aug 2019 - 17:11
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#13
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
The OP said that he doesn't have an appointment to make the Statutory Declaration until November
Has this frozen any action to recover the fine and is he at risk that the DVLA will revoke his licence for failure to return it so the points can be added ? If the delay has potential to escalate his problems, it might be better after all to make the declaration at a solicitor |
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Tue, 27 Aug 2019 - 17:20
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#14
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
The OP said that he doesn't have an appointment to make the Statutory Declaration until November Has this frozen any action to recover the fine and is he at risk that the DVLA will revoke his licence for failure to return it so the points can be added ? If the delay has potential to escalate his problems, it might be better after all to make the declaration at a solicitor Am hoping this isn't a problem. If they try to enforce the fine can I not point them to the fact their is an appointment with the court. If points have been added I still do not know about them as I have never been informed of any. But my license is clean. |
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Tue, 27 Aug 2019 - 17:32
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#15
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
So not receiving any paperwork. To getting some that made me aware and then finally them getting the address messed up again is not a defence. Not to the underlying offence, no. Why should it be? -------------------- Moderator
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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Tue, 27 Aug 2019 - 17:47
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#16
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
My own Google maps history shows I wasn't at that location at that time. But doesn't help me with who was driving could be 1 of another 3 people.
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Tue, 27 Aug 2019 - 17:52
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#17
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
I'm still waiting to hear (or read) the OP state that he has the V5C in his hand - which is why we usually ask them for the date after the DocRef No. at the bottom of page 2.
Most (but not all) instances of paperwork taking somewhat circuitous routes to not get to the OP are as a result of the V5C not showing their correct address (or not being registered to them at all), despite numerous protests that they are variously the registered owner/registered keeper/etc. So not receiving any paperwork. To getting some that made me aware and then finally them getting the address messed up again is not a defence. Not to the underlying offence, no. Why should it be? If the OP is the RK and his details are correctly recorded on the DVLA database/PNC as keeper, then the failure to serve a NIP would be a defence to the underlying offence and not serving the s. 172 requirement (invariably in the same notice) would negate the s. 172 offence - assuming that the OP can convince the court on the balance of probabilities that they were not delivered. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Tue, 27 Aug 2019 - 18:32
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#18
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
Sorry if not made clear. Yes the v5 is in my name at my current correct address and has been since purchase in March 2015.
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Tue, 27 Aug 2019 - 18:51
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#19
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
It’ll be interesting to see why the NIP went to the old address or why the police thought they didn’t have to send one then.
-------------------- Moderator
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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Tue, 27 Aug 2019 - 18:57
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#20
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Member Group: Members Posts: 47 Joined: 26 Aug 2019 Member No.: 105,422 |
The statement pack they sent before enclosed a copy at my current address and that they had confirmed it as my address. But then all other correspondence seems to have gone to a very old address.
To be clear prior to the you are being charged with letter. I never received anything This post has been edited by AgentJay: Tue, 27 Aug 2019 - 18:58 |
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