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Falsely nominated and convicted of MS90 in absence
Hanasee
post Sat, 16 Nov 2019 - 22:06
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Hi All. A new user seeking advice on the following.
I am abroad and have been since September 2017 and have not owned a car in the UK since 2014. Just randomly checked my driving licence online the other night and was horrified to discover ms90 conviction, 6 points and a very hefty fine.
Called the court and found out the details. A red light offence happened in March 2019, registered keeper nominated me, nip was sent to my old address and as I was unaware of the whole saga, i was convicted in September 2019, in my absence.
Now the address where the nip and the summons were sent was my old address. I stopped living at that address in July 2017 and changed it with DVLA, and have new address on my licence with the issue date of 2017.
Secondly and more importantly, I have been abroad the whole time. I know the registered keeper from when I hired a car from him from March 2016 till September 2017, that's his business. He knew I was moving abroad for some time and had my driving licence from when I hired a car. My licence had my old address at that time. He intentionally threw me under the bus.
Now court has advised me to do a statutory declaration to reopen the case. The problem is I'm still abroad. Is a statutory declaration done abroad acceptable? And once the case is reopened, can i represent myself from abroad as I am not returning anytimesoon?
Please advise on this matter.
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post Sat, 16 Nov 2019 - 22:06
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southpaw82
post Sat, 16 Nov 2019 - 22:46
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A statutory declaration can be sworn before any commissioner for oaths, or (if I remember rightly) any person of a similar nature under the laws of the state you’re in. You cannot represent yourself from abroad, as you would need to be present in court. If you’re not coming back to the UK for a substantial period of time the COS may decide that it’s not in the public interest to prosecute you again. What country have you gone to?


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cp8759
post Sun, 17 Nov 2019 - 00:50
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In the circumstances, I suspect the CPS might be more interested in prosecuting the RK for perverting the course of justice.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Hanasee
post Sun, 17 Nov 2019 - 01:30
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Thank you both for your input. Much appreciated.
I will get the statutory declaration done in the first instance.

Southpaw82, why would there be a need to prosecute me again? RK nominated me for the offence I never committed, also Nip and summons were sent to the address I ceased to live at and had updates DVLA with the new one. What's my crime here?

Cp8759, that is what I would've imagined.
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The Rookie
post Sun, 17 Nov 2019 - 03:28
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There is little point trying to prosecute someone for a driving offence when they now live outside the UK, the punishment would have no material effect and the pints would expire in less tha. A year anyway. If you had been driving and were nominated the Police would have dropped the case for the same reason.


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Logician
post Sun, 17 Nov 2019 - 12:23
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QUOTE (Hanasee @ Sun, 17 Nov 2019 - 02:30) *
Southpaw82, why would there be a need to prosecute me again? RK nominated me for the offence I never committed, also Nip and summons were sent to the address I ceased to live at and had updates DVLA with the new one. What's my crime here?


The statutory declaration sets aside your conviction not because you are innocent but because you were not aware the hearing was taking place. So normally the accused is prosecuted again, but has the chance to come to court and defend themselves. In your case you would have a very clear defence, but you have to be there for it to be put forward, you cannot do it by post and no one can do it for you. When you send in your statutory declaration you can explain what happened and that you will continue to be out of the country for whatever period, and very likely the case will simply be dropped.



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southpaw82
post Sun, 17 Nov 2019 - 14:39
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QUOTE (Hanasee @ Sun, 17 Nov 2019 - 01:30) *
Southpaw82, why would there be a need to prosecute me again?

Prima facie, you have committed an offence. From what you say, you have a defence. In the ordinary course of things a defence should be tested in court, if it’s in the public interest to prosecute.


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cp8759
post Sun, 17 Nov 2019 - 16:19
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QUOTE (southpaw82 @ Sun, 17 Nov 2019 - 14:39) *
QUOTE (Hanasee @ Sun, 17 Nov 2019 - 01:30) *
Southpaw82, why would there be a need to prosecute me again?

Prima facie, you have committed an offence. From what you say, you have a defence. In the ordinary course of things a defence should be tested in court, if it’s in the public interest to prosecute.

Prima facie, the RK has committed a much more serious offence an there is a clear public interest in the police investigating and prosecuting that offence. If the case were "simply dropped", the RK would effectively get away with PCOJ which would send out the message that if you nominate a former UK resident that has since moved abroad, you can get away with your crimes.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Logician
post Sun, 17 Nov 2019 - 19:55
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QUOTE (cp8759 @ Sun, 17 Nov 2019 - 17:19) *
QUOTE (southpaw82 @ Sun, 17 Nov 2019 - 14:39) *
QUOTE (Hanasee @ Sun, 17 Nov 2019 - 01:30) *
Southpaw82, why would there be a need to prosecute me again?
Prima facie, you have committed an offence. From what you say, you have a defence. In the ordinary course of things a defence should be tested in court, if it’s in the public interest to prosecute.
Prima facie, the RK has committed a much more serious offence an there is a clear public interest in the police investigating and prosecuting that offence. If the case were "simply dropped", the RK would effectively get away with PCOJ which would send out the message that if you nominate a former UK resident that has since moved abroad, you can get away with your crimes.


Surely the RK could be still be prosecuted for attempted PCOJ?



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cp8759
post Sun, 17 Nov 2019 - 20:05
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QUOTE (Logician @ Sun, 17 Nov 2019 - 19:55) *
Surely the RK could be still be prosecuted for attempted PCOJ?

Yes if the police can be bothered, and if they can a statement or affidavit from the OP, I don't see why not.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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