Author Topic: Advice on statutory declaration and how to plead - MS90 (failure to provide ID)  (Read 354 times)

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lookingforadvice

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I recently became aware of 6 points on my licence and a conviction for failing to furnish ID (MS90) via my car insurance company contacting us about some difficulties with renewing the policy. The initial alleged offence was speeding (52 in a 40 mph limit). The initial police notice and all subsequent correspondence unfortunately went to a prior address.

Regrettably, the V5C logbook was the only thing that didn't update when I moved. The reason is that I simply did not know/appreciate that I had to inform DVLA twice - I notified them in regard to my driving licence, which has my current address, but did not know about the separate form required for V5C update. Essentially, an unfortunate administrative oversight/gap in my knowledge. I have now updated it! When we moved over two years ago we had a redirection service initially and thereafter have maintained an open channel of communication with the new owners in order that we could be notified if any mail inadvertently went there. I have been in touch with them since finding all this out and they have been really apologetic but essentially my letters were not noticed and then shoved away into a drawer and forgotten about. They have offered to provide a statement of truth in this regard.

Had I received the initial notice I would have taken the opportunity to settle the matter with a fixed penalty notice, 3 points and £100 fine. However, I did not get that opportunity. I have then be convicted of only the MS90 with 6 points and £1000 fine and an order for attachment of earnings has been put in place. I have been looking into my options and I understand that I need to make a statutory declaration (I have already started filling in the online form). My main questions are as follows:

1. Even though I have only been convicted of one charge there are still two charges against me as per the statement of facts the SJS sent me. When filling in the stat Dec form and it asks me about my pleas, do I need to plead to both charges? I'm assuming I do.

2. I have done some reading and taken some advice. It has been suggested to me that this is quite common and that the court will hear the circumstances and drop the failure to furnish charge if I offer to plead guilty to the initial speeding offence. However, I have seen conflicting advice on whether this would need to be achieved by pleading not guilty to both and putting in a caveat that I would plead guilty to the speeding if the other charge is dropped. Otherwise my plan is to plead guilty to speeding and not guilty to MS90 - is this sensible? Is it likely to succeed? (My preference is to do whatever is most likely to be agreed by the court).

3. Can I manage this on my own, without a solicitor?

4. Is it possible for this to ever go back to being a fixed penalty notice - hard reset/rewind type scenario where they just send out the initial correspondence again but to my current address and go from there.

Many thanks in advance.

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666

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1. Even though I have only been convicted of one charge there are still two charges against me as per the statement of facts the SJS sent me. When filling in the stat Dec form and it asks me about my pleas, do I need to plead to both charges? I'm assuming I do.

2. I have done some reading and taken some advice. It has been suggested to me that this is quite common and that the court will hear the circumstances and drop the failure to furnish charge if I offer to plead guilty to the initial speeding offence. However, I have seen conflicting advice on whether this would need to be achieved by pleading not guilty to both and putting in a caveat that I would plead guilty to the speeding if the other charge is dropped. Otherwise my plan is to plead guilty to speeding and not guilty to MS90 - is this sensible? Is it likely to succeed? (My preference is to do whatever is most likely to be agreed by the court).

3. Can I manage this on my own, without a solicitor?

4. Is it possible for this to ever go back to being a fixed penalty notice - hard reset/rewind type scenario where they just send out the initial correspondence again but to my current address and go from there.

Many thanks in advance.

1 & 2. Plead NOT guilty to both. Put your offer in the Mitigation section. The court may accept that, otherwise they'll refer it to a full court hearing where you can speak to the prosecutor. All very normal and only known to fail when the accused exhibited an "attitude" problem.

3. Easily.

4. You can ask the court to considering sentencing you at the fixed penalty level, since that offer couldn't be taken for reasons unconnected with the off=nce. Not guaranteed, but worth asking.


andy_foster

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Different areas deal with this differently.

Some will automatically drop the s. 172 if you simply plead guilty to the speeding. Others will convict you oi speeding and then continue to prosecute you for the s. 172 offence.

Or you could do what we recommend.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

lookingforadvice

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Thanks both. A few more questions if that's okay.

5. Should I detail the full story about not receiving correspondence/wrong address on my V5C document etc in the mitigation section as well?

6. When pleading not guilty for the speeding - what is my reason for being not guilty? Or is writing below about my offer to plead guilty if the other charge is dropped explanation enough? I suppose my concern is that I may actually be guilty of the speeding so it seems strange to enter a not guilty plea.

7. I was going to attach a statement from the people living at my old address - is this a good idea?

8. Do I need to provide proof of new address at time of alleged offence?

Thanks very much.

NewJudge

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5. No need.

6. You don't need a reason and your offer will explain the situation.

7. No need.

8. No.

Simply ensure you plead not guilty to both charges and that you will offer to plead guilty to speeding only on the condition the other charge is dropped.

lookingforadvice

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Interesting. So no need to give context for the failure to give ID or indeed to give a reason for not knowing about my case? Thanks a lot.

Southpaw82

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Interesting. So no need to give context for the failure to give ID or indeed to give a reason for not knowing about my case? Thanks a lot.

You’re making a statutory declaration that has to be accepted (if made in time). If you lie, you go to prison.

lookingforadvice

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Many thanks for the extremely helpful responses so far. I am now much clearer in my mind about the nature of a statutory declaration and my plea offer. I just have a couple more questions:

9. When I make my offer to the court, if they accept it, is the previous conviction null and void/expunged after which I will be "recharged" with speeding?

10. Depending on the answer to question 9, I am trying to work out the best timing for my petition to the court to consider sentencing me at FPN level. Is it asking too much of the court at an early stage to put it in the same box as my plea offer on the statutory declaration form? If they accept my offer will there be another opportunity to make representations in that regard e.g. when I enter my guilty plea (to the "new" speeding charge?)

Hope that makes sense.

Many thanks again.

NewJudge

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Making your SD normally needs to be done in person. However, I believe some courts are now undertaking them remotely.

However, it doesn't really matter. You seem to be getting a bit confused. There are two distinct steps in this process:

1. Firstly, you perform your SD. This has the effect of expunging the conviction you knew nothing about together with all the penalties that went with it (fine, surcharge, costs, endorsement and points). It is as if it never happened.

2. Then, you enter pleas to the two charges. It is at this point that you plead not guilty to both charges but go on to make your offer (to plead guilty to speeding if the other charge is dropped). Whilst you are doing that you can also ask if the court would consider fining you at the fixed penalty level. I have an idea this last request may fall on deaf ears, but it will do no harm to ask.

There is no need to over-think this too much. It is a procedure well known to all court users, especially magistrates and their legal advisors.

You haven't said but have you been asked to attend court to make your SD?


lookingforadvice

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Thank you. I have just got a link to a government "Options after a magistrates' court decision", form. On one page I tick a box below the stat dec statement to swear that I did not know about the case. Click through and one of the pages is then your plea. Further clicking through the form brings you to an option to tell the court whether you would be available to either attend in person, have a telephone hearing or an online video hearing. I have said I can do whatever the court desires. So the whole thing - statutory declaration, pleas and offer - all happens on one online form