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Young Driver MS90, MS90
JP1997
post Sat, 28 Mar 2020 - 20:00
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Hi,

I am just looking for some clarity.

I today received a letter from Cambridge county court informing me that as I had reached 6 points on my licence within two years I would be having it revoked and I would need to retake my tests.

This came as some surprise to me as I hadn't been aware of any speeding tickets/fines. When I looked on the online driving licence records I discovered that I have a MS90 penalty. I managed to put two and two together and worked out that this must have happened in the time between moving homes. I had changed my driving licence address but not the address on my logbook.

From what I have read online this is because I failed to reply to the letter regarding a speeding fine.

Date of Letter received - 28/03/2020

As I have been driving for less than two years this means I will loose my licence.

While looking online there seems to be a lot of information about getting a statutory declaration to clear this as I was not aware of the case agonised me. I just wanted to check with someone in the know weather this is the right way to go as i have no other information apart from the letter regarding my licence & what I have seen on the website.

I will happily accept any speeding fine as I would have naturally paid this if I had known.

Do I need to speak to a solicitor?

thanks

This post has been edited by JP1997: Sat, 28 Mar 2020 - 20:06
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post Sat, 28 Mar 2020 - 20:00
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NewJudge
post Sat, 28 Mar 2020 - 20:09
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Yes a Statutory Declaration (SD) is the way to go. You need to find out which court convicted you and when. You can then either go to that court, or any other Magistrates' Court or to a solicitor to make your SD. The problem you have is that at the moment, for obvious reasons, you are unlikely to be able to do so at any venue.

Anyway, that aside, when you have made your SD the matter will begin again. Provided you have been "dual charged" (that is, with speeding and failing to provide driver's details) it should be a simple matter to negotiate with the prosecutor a deal where you offer to plead guilty to speeding providing (and only providing) the FtP charge is dropped. This is a very common procedure and is nearly always accepted. However, the difficulty will be with getting your SD done in the present circumstances.

BTW - are you sure your letter came from the County Court? County Courts have no part to play in this process as a rule. The letter informing you of your licence revocation should come from the DVLA. Revocation is an administrative procedure carried out by them and is not a judicial decision made by a court.

This post has been edited by NewJudge: Sat, 28 Mar 2020 - 20:12
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JP1997
post Sat, 28 Mar 2020 - 20:21
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Thanks,

Just to clarify the letter I received was from the DVLA.

It says on the letter that the court was Cambridgeshire Magistrates court.

I live around 3 hours away from here. Can I try and get a SD at my local court?

Also how do I go about getting a SD? DO I need to speak with a solicitor?

Also if the SD gets accepted with the points be revoked pending a further trial?

I am also worried as I have no way of seeing the letters sent to me originally I have no information regarding where I was caught speeding (if in fact it was speeding)

This post has been edited by JP1997: Sat, 28 Mar 2020 - 20:21
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Jlc
post Sat, 28 Mar 2020 - 20:50
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You don't need a solicitor.

The SD can be made at your local court but it may not be easy at the moment due to the lockdown. Try contacting the court on Monday.


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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JP1997
post Sat, 28 Mar 2020 - 22:25
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Thanks,

When I do this will I have to say anything specific?

Also will the points be removed? Or will I have to wait until the retrial
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NewJudge
post Sat, 28 Mar 2020 - 22:40
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QUOTE (JP1997 @ Sat, 28 Mar 2020 - 20:21) *
Thanks,

Just to clarify the letter I received was from the DVLA.

It says on the letter that the court was Cambridgeshire Magistrates court.

I live around 3 hours away from here. Can I try and get a SD at my local court?

Also how do I go about getting a SD? DO I need to speak with a solicitor?

Also if the SD gets accepted with the points be revoked pending a further trial?

I am also worried as I have no way of seeing the letters sent to me originally I have no information regarding where I was caught speeding (if in fact it was speeding)


Yes, you can do your SD at your local court (but subject to the current restrictions). The court does not "accept" or "reject" your SD. It will simply witness your declaration that you knew nothing of the proceedings that led to your conviction. It will not enquire into the truth of it (though you will be warned that to make a false declaration could see you face a charge of perjury).

As far as the offences themselves go, assuming the problem arose because of your failure to update your V5C with your change of address, you may have difficulty in defending the charge of Failing to provide driver's details (FtP). The idea of the "deal" I mentioned earlier was that you can avoid a conviction for that offence (which is more serious, carrying six points, a hefty fine and the MS90 endorsement which insurers hate). But to do so you have to plead guilty to speeding (which, without you providing your details as the driver, has no legs). If you fanny about asking for sight of the letters sent to you or of evidence of speeding, the prosecution will simply persist with the FtP charge. So before you go down that road, why exactly was the paperwork not received? What were the dates that you moved and of the alleged offence?
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JP1997
post Sat, 28 Mar 2020 - 23:15
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I am sure it was me driving, nobody else drives my car and I can remember that.

I moved out of London at the end of August. The offence was in October. I changed my address at the start of January. I wasn’t aware I had to change the V5 as my licence had the correct address.

I would happily plead guilty if I can get the 6 points revoked and pay the original fine
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Logician
post Sun, 29 Mar 2020 - 00:22
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You are not alone, we see this happen quite frequently, despite the DVLA reminding people they need to change both their licence and their V5. LINK


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JP1997
post Sun, 29 Mar 2020 - 00:58
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How does it normally end up going for people?
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Jlc
post Sun, 29 Mar 2020 - 07:58
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The MS90 dropped and the underlying offence convicted.


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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JP1997
post Sun, 29 Mar 2020 - 21:54
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Thanks,

Does anyone know what may happen regarding my licence. If the 6 points are removed will I still have to retake my test or will things return to normal as if I just got a speeding ticket?

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Jlc
post Sun, 29 Mar 2020 - 21:59
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Yup, it depends on the underlying offence. (It could be 6 points or more)


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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JP1997
post Sun, 29 Mar 2020 - 22:07
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Assuming it’s less than 6 points?
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Logician
post Mon, 30 Mar 2020 - 00:31
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Then you will not have to retake your test and your licence will have just the points relating to the underlying offence. The effect of the statutory declaration is to set aside the conviction for the s.172 offence and all consequences flowing from it.


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