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Ace Rimmer
Hi all, I'm hoping someone can provide me some advice.

A week and a half ago I received a Further Steps Notice demanding £600 or else from my local Magistrates Court. This is the first piece of paper I have received in relation to an alleged offence. I called the Courts up and was told that I had, "Failed to identify the driver" (or words to the effect) at some point in the past and the lady on the other end could help me no further, apart from giving me the contact details of a slightly further away court where the initial offence was been administered.

I called them up and was told that I would have to submit my claim in writing and, having done so I've been given a Statutory Declaration to complete. The SD says that proceedings on the offence (no detail of which one) commenced on the 17th Nov 08. Now, 2 years ago we moved house (Oct 07) and I only remembered to change my V5 details some months later (I don't remember exactly when) so I can only assume the original NIP (If that is what is was - I still don't know!) went to my old address and only when it got to Further Steps did they track me down.

Is there anything I should or shouldn't do? I currently have a clean licence.

Pete D
Tell us the date is on page 2 Doc Ref of your V5C. Pete D
Ace Rimmer
Unfortunately I've since sold that car, so I no longer have a copy of the V5. Would the date make a significant difference?
andy_foster
The first thing you need to do is make a statutory declaration. I believe that this needs to be made before an officer of the court - although the declaration or accompanying paperwork will presumably explain.

The statutory declaration, which is effectively made under oath, needs to state that you were previously unaware of the court case against you. If it is served on the court within 21 days (IIRC) of hearing of the proceedings, the court must set aside the decision against you.
If you serve it outwith the 21 days, they can decide whether to accept it.

Obviously, if you state anything that you know to be untrue, you could be in very serious trouble.

Once the judgment is set aside, the prosecution will (at some point) decide whether to recommence the case, or let it drop.

If they recommence the case, assuming that the only charge was failing to provide information (s. 172), your defence is straightforward - you never received the notice (NIP/s. 172), presumably because it was sent to your old address.

Failure to notify the DVLA of a change of address is a separate offence which they may or may not subsequently prosecute you for. The maximum penalty permitted by statute is £1000 (same as the maximum fine for speeding on ordinary roads and s. 172), but I have no idea what the actual fine would be likely to be (if you are prosecuted and convicted). Unlike s. 172 which carries a mandatory endorsement of 6 points, failing to update your details is non-endorseable.
Ace Rimmer
OK thanks. I'm booked in for the Stat Dec on Monday so I'll see how it goes.

I updated my Driving Licence within a week or so of moving but completely forgot about the V5. Bugger.
Ace Rimmer
Stat Dec completed but the Magistrates were surprised I hadn't heard from the DVLA. They recommended phoning them ASAP to check my licence hadn't been revoked!
Ace Rimmer
Just spoken to the DVLA and they have no record of any points and say it's up to the Issuing Authority to tell the DVLA and there must have been a problem their end. I'm more than slightly concerned this is all going to escalate without my input catch up with me at some point!
andy_foster
If the DVLA did revoke your licence for failing to surrender it for endorsement, you would still be legally entitled to drive without a licence for 12 months (as long as you were not banned, etc.) - so not an immediate concern.
Ace Rimmer
I've just received a letter from the issuing Magistrates' Court saying they have received my Stat Dec and will pass it on to the prosecution and if the prosecution wish to pursue the case I will be hearing from them.

Is there a normal time frame for this and will I hear if they chose NOT to pursue the case, I do I just have to wait and see?
Ace Rimmer
Still no word from the prosecution. Is there a time out period after which they won't contact me?
Ace Rimmer
3 months gone and still nothing heard. Is this an easy way to avoid a ticket?
southpaw82
QUOTE (Ace Rimmer @ Tue, 23 Feb 2010 - 10:06) *
3 months gone and still nothing heard. Is this an easy way to avoid a ticket?


Is what an easy way to avoid a ticket?
Ace Rimmer
As per my original post - I failed to update my V5 (not intentionally, just slipped through the net while moving house) and having jumped through the various hoops (Stat Dec) I've heard nothing back from the prosecution.
southpaw82
Not really... the prosecution have ample time to get you back into court. Of course, if anyone made a stat dec falsely then they'd open themselves up to prison time.
Ace Rimmer
QUOTE (southpaw82 @ Tue, 23 Feb 2010 - 10:23) *
Not really... the prosecution have ample time to get you back into court. Of course, if anyone made a stat dec falsely then they'd open themselves up to prison time.



How long do they have?
sabarcas
Hi,

I have had an almost word for word expereince. Could you let me know the outcome of your situation.

I am commencing a similar education in the legal system and would like if possible to learn from previous victims.


Regards
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