Urgent help needed, MS90 disqualification and some Options

[Cosmo101]

Dear Members

I have a court hearing tomorrow morning and have only just discovered this website and forum so hoping some of you will be able to give me some advice on the following.

I was stopped a few weeks ago, they said i had no MOT at the time, which baffled me but they were right i had no MOT it also turned out i had not taxed my car either - both of these things i have never done before and it is through my own mistake and that i had forgotten and they were both out of date by a year!! On top of this once they checked my details they informed me that i was a disqualified driver as i had (unknown to me) had 2 MS90's - both of of which i have not been informed about and related to 2017 and 2018. Needless to say they seized my car and started proceedings. Apparently my licence was revoked for 6 months and comes back into effect in late August.

I have since called the magistrates and stated i wanted to do a statutory declaration which i have a hearing for tomorrow and also at the same time i have a hearing for driving whilst disqualified and without MOT, Tax and inevitably insurance as it was made invalid.

From what i have read on this forum - I can please or should plead not guilty to the MS90 - can someone explain in more detail what that means and why. I have been through all my post and paperwork, i have not deails on the the speeding notice or any other letters regarding these events and most certainly would not have let this slip as i need my car for work, kids, life etc.

My bigger worry is that i was stopped as i had no MOT or tax, both of which have been subsequently done, however car is now SORN'ed so not taxed. What would be a possible outcome for driving without knowing i was disqualified and not having MOT or TAX at the time. I don't think it an get any worse!

Any help really appreciated today as have to be in court by 9am for all areas covered above.

I have been advised to seek help when i get there and that i can fill out forms and have statement completed to be added to the forms. What do i do for both the MS 90 and driving without MOT and TAX and being disqualified?

Thank you in advance for your advice.

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[The Rookie]

It sounds like your car is registered to an old address and you forgot to update it when you moved, so tax reminders, penalties and the speeding notices would have gone to your old address. You possibly updated your licence and forgot the car, a not uncommon mistake.

I would explain about the stat dec and ask the magistrates to adjourn the driving while disqualified case, if the SDs are accepted then the disqualification never happened and you were not driving while disqualified.

I'd plead guilty to the tax/MOT as I see no defence there.

the MS90 is for failing to respond naming the driver in response to a speeding 'notice' (the Section 172 request will be on it requiring you to name the driver, not doing so is 6 points).

This post has been edited by The Rookie: Mon, 8 Jul 2019 - 11:54

[nosferatu1001]

Indeed - you should check, getting out the V5, and check to see what address is there. If it is an old address, you know why you did not get any notices.

[Cosmo101]

V5 is correct. I bought the car when living at current address so that’s not the issue. I will please guilty to the NO and Tax and have rectified this issue and car is roadworthy and always has been.

[nosferatu1001]

Given you have missed, at minimum, 6 pieces of post (NIP for each offence, court hearing date and outome of ythe court) I would be more concerned as to why your post is going missing.

[Redivi]

The OP needs to find out what address was used for the documents including the summons

I can understand one set going missing if the police made a mistake with the original NIP, but not two

Is the V5 completely correct including the postcode ?

Silly question

Is it possible for there to be a mismatch between the V5 and the DVLA database if, for example, they updated the wrong car later ?

[cp8759]

Is it possible for there to be a mismatch between the V5 and the DVLA database if, for example, they updated the wrong car later ?

Good point, might be a good idea to ring DVLA and check.

[southpaw82]

Are you appearing tomorrow for trial, or is this your first appearance?

[Cosmo101]

I have lodged a complaint with the post office as i know its a lot of mail to go missing and have had other paperwork not arriving. Checked with DVLA all info correct

I am due to go in tomorrow for statutory declaration for the 2 MS90's and they are hearing the case for the driving whilst disqualified and without MOT and TAX. - first time at the magistrates tomorrow as originally it was for the SD for the MS90 but have rolled the disqualification

This post has been edited by Cosmo101: Mon, 8 Jul 2019 - 16:38

[cp8759]

Do you have evidence of the ongoing mail problems? For example have you written to anyone about not receiving things you were expecting?

[Cosmo101]

I am sure i wrote to them a couple of years and will look for the letter.

Whilst looking at other posts it seems possible that the MS90's may be reduced/resurrected as original speeding fines and 3 points each, however i am really concerned that as i was unknowingly disqualified due to the 6+6 MS90 points and then being stopped and finding out i had no MOT or TAX is making me very nervous

[The Rookie]

Have you checked the address on the V5c yet, do that first as any mail issue isn’t relevant if it’s going where to the intended address.

[cp8759]

I am sure i wrote to them a couple of years and will look for the letter.

Whilst looking at other posts it seems possible that the MS90's may be reduced/resurrected as original speeding fines and 3 points each, however i am really concerned that as i was unknowingly disqualified due to the 6+6 MS90 points and then being stopped and finding out i had no MOT or TAX is making me very nervous

Once the SD is done, you were not disqualified at the time when you were stopped, so put the disqualification out of your mind for now.

Have you checked the address on the V5c yet, do that first as any mail issue isn’t relevant if it’s going where to the intended address.

OP has said he called DVLA to check and all is in order.

[Cosmo101]

Update -

Filled in necessary SD forms on arrival to court.

I had written a pre statement which I attached
the MS90's have been taken away as pleaded guilty to the original offence and then the prosecution dismissed the being stopped whilst disqualified.
I have been left with minimal fines and 7 points.
I forgot to ask if these points will start from date of offences which are back in 2017 and 2018 - anyone know?

[cp8759]

MOT and tax offences don't carry any penalty points. So what were the 7 point for, or were these points you had before from some prior offence?

[The Rookie]

I would imagine it was the original offences he pleaded guilty.

[cp8759]

I would imagine it was the original offences he pleaded guilty.

What endorsable offences did he plead guilty to?

[The Rookie]

Presumably whatever triggered the S172 requests resulting in the MS90’s, but at no point can I see we know what they were. But almost certainly endorsable as it would usually be red light or speeding (mentioned in the first post).

This post has been edited by The Rookie: Tue, 9 Jul 2019 - 13:35

[Cosmo101]

I pleaded guilty to the original offence (2017 and 2018) and the SD cleared the rest of not having knowledge of the speeding offence. The 7 points (4 for a doing 42 in a 30 zone and 3 points for 35 in 30 zone) are for the original speeding x 2 events. My disqualification has been quashed.

My question was would they endorse the points from today or from the original speeding offence?

This post has been edited by Cosmo101: Tue, 9 Jul 2019 - 13:43

[nosferatu1001]

Date of offence, to my knowledge, in all cases.