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Disqualify letter for 2 MS90 I was unaware of. How to stat Dec?
Tesni90
post Sun, 14 Jan 2018 - 10:52
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Morning.

I am 27, license for 4 years, all clear until now. Named driver for 1 year and a policy holder for 18months.

Yesterday I received a conviction letter from the magistrates informing me I have been disqualified for 6 months. I went online to the DVLA to check the offences/points.

I have 2 MS90, one on the 30th May 2017 and another the 3rd July 2017. Both failure to give information as to the identity of the driver. The first one has 6 points, the second 0.

I then have a TT99 for 6 points. Convicted in November 2017, with the sentence set on January 2nd 2018. Letter sent out on the 10th, received the 13th. This letter being the first I hear about anything. If I committed the offences then I hold my hands up and apologise, just as I would have done if I knew about them originally.

I am now fully aware I forgot to update my log book address after moving house in 2017. I did change my driver's license between the dates of the offences and the conviction date, which was still a while after moving. My first time being a registered keeper and moving house. My fault, i was negligent and nothing I can change about that now. I moved house again last week (11/12th) and I updated my driver's license address a few days before, hence I got the dq letter here. I then sent my log book to be updated on the 12th, all of this before knowing about any of these issues as I was adamant to make sure it was all up to date and correct for this move.

I have no idea what the offences are and I am unable to find out until I phone the ticket office/court tomorrow morning. I phoned my insurance in a bit of a panic and (stupidly?) informed them to ask what options I have and what actions I plan to take as I tried to make my girlfriend the policy holder, they are unable to do this and put a closure on the insurance for in 7 days time. If I get the case re-opened by then I get to keep the insurance. I have read up on solicitors and statutory declaration as to being unaware of any proceedings against me.

How would I go about this to resolve as quickly as possible?
Should I go with a lawyer or submit it on my own?
How long does a statutory declaration usually take?
Can I inform my insurance company as soon as I hand in the statutory declaration?

Thanks.

This post has been edited by Tesni90: Sun, 14 Jan 2018 - 10:54
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post Sun, 14 Jan 2018 - 10:52
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jewels2009
post Thu, 1 Feb 2018 - 16:10
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Rookie - saw that shoukd have mentiohed apologies.

Logician - Thats where my understanding differs, and was hopeful a learned mind could clarirify

The OP in this case has had his SD witnessed by a solicitor acting as officer of the court, albeit if you went to the court direct and read the SD out to a JOP and was then signed by the OP and the JOP/solicitor, its the same, from this all actions of the proceedings which you have missed as per your statement are then void immediately including any fines, points or bans imposed from those proceedings. The prosecution then re -instigate proceedings at court as they wish. So the date the SD is presented/ signed is when it is effective, and doesn't have to considered as it is what it is,
A stand alone document of record.

Maybe the application of how the SD are now dealt with by courts has changed, and if that the case so be it, but the length of time incurred before such consideration is heard if that's correct, seems unusally prohibitive against the purpose and intent of making a SD statment if this is the procedure that follows

If my thoughts as above are correct then the OP ought to able to drive until the re-hearing on the 20th.

This post has been edited by jewels2009: Thu, 1 Feb 2018 - 18:50
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Tesni90
post Mon, 5 Feb 2018 - 11:28
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Been trying to get a hold of the court enquiries since Thursday. I finally got through today and I am still non the wiser.

The chap I spoke to this morning has said there is no stat-dec on the system against my details and that he thinks the case has just been re-opened but the system doesn't contain the words "re-opened". He said he cannot confirm it and has told me to now email the court to ask whether the case has been re-opened or if the stat Dec is in place and it started again.

He said if the case has re-opened then the disqualification sticks until the hearing of the case.

So I am a bit confused and have emailed off.

Edit:

Phoned the court again as the case reference he gave me wasn't the same in my emails. The SD has gone through and I am able to drive and have been since the 29th Jan.

Checked the DVLA site and I have 0 points at the moment.

This post has been edited by Tesni90: Mon, 5 Feb 2018 - 14:08
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jewels2009
post Mon, 5 Feb 2018 - 13:36
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QUOTE (Tesni90 @ Mon, 5 Feb 2018 - 11:28) *
Been trying to get a hold of the court enquiries since Thursday. I finally got through today and I am still non the wiser.

The chap I spoke to this morning has said there is no stat-dec on the system against my details and that he thinks the case has just been re-opened but the system doesn't contain the words "re-opened". He said he cannot confirm it and has told me to now email the court to ask whether the case has been re-opened or if the stat Dec is in place and it started again.

He said if the case has re-opened then the disqualification sticks until the hearing of the case.

So I am a bit confused and have emailed off.

Edit:

Upon checking the DVLA website to check my license I currently have 0 penalty points. So I would have thought I am able to drive which would mean I wouldn't be able to say I have been banned for 7 weeks up till the hearing.


So your stat dec has been processed and you should now be back to where you were had you updated the log book correctly.

Now you need to get on to your Insurance Company and get that sorted out, prior to any 7 day cancellation coming in to force. If the first operator you talk to seems unable to grasp whats happened, insist on speaking to a manager etc as albeit you shall have speeding points shortly, thats not sufficient reason to cancel the policy I belive. Its probably cheaper to stay with whom you have, than gocompare as your need to declare your forthcoming appointment.

I'm unable to see that it was mentioned , but what fines were applied to the previous convictions? These are of course now void.
Personally I would double check again with the court that both offences are being heard at the 20th hearing,in view of apparent confusion with the court chap you spoke with.
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Logician
post Mon, 5 Feb 2018 - 14:49
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QUOTE (Tesni90 @ Mon, 5 Feb 2018 - 11:28) *
The SD has gone through and I am able to drive and have been since the 29th Jan. Checked the DVLA site and I have 0 points at the moment.


The crucial point is whether the TT99 has gone and you have a current licence, if so this is good news.

I still think that when the case comes to court and you do the deal and are sentenced only for the speeding, it would be reasonable to ask the court to take into account that you have been disqualified for a period. I think that should entitle the court to find "special reasons not to endorse your licence" which is the legal phrasing.



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Tesni90
post Mon, 19 Feb 2018 - 11:31
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Tomorrow is upon me. I will update my OP afterwards with the outcome for any future queries that come to the forum.

I have one last question about the bargain plea, if I am unable to locate or get in touch with the prosecutor in the morning am I able to ask about a bargain plea during the hearing?

I'm going to be getting to the court for 9am when it opens but I am curious just in case they are unavailable for any reason and would like to be well prepared for different scenarios.

If anybody has any additional advice for the court day I am all ears!

Many thanks.
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Logician
post Mon, 19 Feb 2018 - 14:13
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QUOTE (Tesni90 @ Mon, 19 Feb 2018 - 11:31) *
Tomorrow is upon me. I will update my OP afterwards with the outcome for any future queries that come to the forum. I have one last question about the bargain plea, if I am unable to locate or get in touch with the prosecutor in the morning am I able to ask about a bargain plea during the hearing? I'm going to be getting to the court for 9am when it opens but I am curious just in case they are unavailable for any reason and would like to be well prepared for different scenarios. If anybody has any additional advice for the court day I am all ears! Many thanks.


It should still be possible to do the deal in the courtroom. If you see the prosecutor beforehand it might be worth saying that you intend to ask the court to take into account the fact that you have already been disqualified for a period. If you raise that for the first time in the courtroom they might oppose it, but given more time to think about it, they should see the justice in it.



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Tesni90
post Tue, 20 Feb 2018 - 12:18
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All done, I have come out with 9 points and a fine of £415. A little miffed to get the 9 but it is better than a disqualification and £1300 fine.

The bargain plea was accepted and I was only charged with the two speeding offences. Both of the failure to furnish were dropped.

First charge was for the 64 in a 40, which the magistrate said was at the top of their band b, which is 4-6 points so I was given the full 6 and a £200 fine for being at the top end.

Second was the 48 in a 40 which she said is in band A so just the 3 points and a £100 fine. Plus the costs (10% + £85) taking the total to £415.

The request to take my time without driving wasn't accepted or taken into consideration but it was worth to ask.

On a side note, as it has now come to mind; is there anywhere to check any other potential outstanding tickets? I'm concerned and would like peace of mind to not have something else come through the door unexpectedly,

I will update my OP tonight when I'm home to summarise events for any future queries that come to the forum.

Thanks to all for the advice!
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The Rookie
post Tue, 20 Feb 2018 - 13:44
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The ask relating to banned time was always a stretch, otherwise the points are inline with guidelines.

You can’t check for any cases not yet finalised in a court, only once DVLA are notified.


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