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Statutory Declaration - Speeding - MS90
Snowman123
post Sat, 2 Jun 2018 - 18:04
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Hi there, I have read all the other cases on similar things on this forum and I am looking for some advice.

I have a court hearing date on 18/06/18, to make a Statutory Declaration. They also want me to plead guilty or not guilty immediately afterwards for "Speeding- exceed 30 on restricted road" and "Fail to give information relating to the identification of the driver when required".

Basically I got a speeding ticket and it went to my previous address (I had forgotten to update the V5, I did update my licence). I was then sent a Single Justice Procedure for Both of the above offences. Again I never received the documentation. The first I heard of this was 3 weeks ago when a letter arrived at my place of work an "Attachment of earnings Order" to take the fine of £811 directly from my wage, I rang the court and discovered the above and that I also have 6 point on my licence. I was advised to go ahead with a Statutory Declaration and that I would have to plead guilty or not guilty for the previous offences.

It is my understanding from what I have read is that my best bet is a plea bargain to plea guilty for the original speeding offence if the prosecution will drop the second offence.
My question is, how do I do that? Can I contact the prosecution in advance to request this? Is there somewhere I can send my story of what happened in advance so it is on record.
If I stand up in court and ask the prosecution to consider dropping the second offence if I plead guilty to the first speeding one, what do I do if they refuse?
Is it worth seeking and paying for legal advice for a case like this?
This has caused me no end of stress and sleepless nights, I need my car for my job and can't afford higher insurance, I also need it as I am a carer for my disabled father and need to take him out.

Any thoughts or advice on this would be great, I can't stand much more stress about it.

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post Sat, 2 Jun 2018 - 18:04
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Snowman123
post Mon, 18 Jun 2018 - 15:50
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QUOTE (Jlc @ Mon, 18 Jun 2018 - 16:45) *
Some courts do process this 'automatically' but we usually recommend ensuring they confirm the s172 is dropped before pleading guilty to the speeding.

Did you not ask for them to consider a fixed penalty equivalent sentence as Logician mentioned above? (If the speed was eligible)


To be honest in the moment it happened I did not think of it, they just stated what they were gonna do and I did not question it.

How likely do you think they would have been to do it?
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Jlc
post Mon, 18 Jun 2018 - 15:54
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QUOTE (Snowman123 @ Mon, 18 Jun 2018 - 16:50) *
How likely do you think they would have been to do it?

Depends on the circumstances but you should have reminded them to at least consider it.


--------------------
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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NewJudge
post Mon, 18 Jun 2018 - 15:58
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Alas too late now.
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Snowman123
post Mon, 18 Jun 2018 - 16:02
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You are right, but it is done now so I can't complain, it could have been worse.
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Fredd
post Mon, 18 Jun 2018 - 17:11
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QUOTE (NewJudge @ Mon, 18 Jun 2018 - 16:48) *
the £30 is a surcharge (popularly known as a "Victim Surcharge). This is charged at 10% of the fine, minimum £30, maximum £170.

It's hardly just "popularly known" as that when that's what the court service, sentencing guidelines council, and every government website I can find call it. If you'd said farcically, duplicitously, or ludicrously known as then I could have seen your point.


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southpaw82
post Mon, 18 Jun 2018 - 17:19
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QUOTE (Fredd @ Mon, 18 Jun 2018 - 18:11) *
QUOTE (NewJudge @ Mon, 18 Jun 2018 - 16:48) *
the £30 is a surcharge (popularly known as a "Victim Surcharge). This is charged at 10% of the fine, minimum £30, maximum £170.

It's hardly just "popularly known" as that when that's what the court service, sentencing guidelines council, and every government website I can find call it. If you'd said farcically, duplicitously, or ludicrously known as then I could have seen your point.

It's not what statute calls it though (or at least didn't, if it's changed). A bit like "PCSOs" are actually Community Support Officers in the Police Reform Act but are popularly known as Police CSOs...


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NewJudge
post Mon, 18 Jun 2018 - 18:18
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I think (though cannot be sure) that the legislation enabling it does not mention "Victims". But anyway I agree, everywhere it is mentioned it is known as the "Victim Surcharge". I don't suppose those paying it really care too much! cool.gif
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