Author Topic: Failure to update V5c logbook has ended up with multiple cases that I have only just found out about.  (Read 322 times)

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redcoat

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I moved house in July 2023 and failed up to update my VC5 until March 2024. In August, September and November I committed speeding offences on the same stretch of road. Due to the failure to update the VC5 address the initial notices and subsequent correspondence were sent to my old address and progressed.

Matter 1: The offence in August has been fully processed as an MS90 and I now have 6 points on my licence and a 660 pound fine.
Matter 2: The offence in September has been partially processed and I have a Single Justice Procedure with a Notice of Proposed Driving Disqualification that will take effect next Tuesday.
Matter 3: The offence in November has been partially processed and I have a Single Justice Procedure asking me to plead guilty/not guilty on the speeding and failure to identify driver.

I only became aware of this last Friday when I received a NIP for a speeding offence in April to my new address that I believed to be my first ever speeding offence. I have been driving significantly more cautiously since then and have completed the Driver Identification form.

Then the following day I received a redirected Single Justice Notice procedure for Matter 3. Confused I started looking at my licence and contacting the court and found out about all of this.

It has come as a massive shock that I could be looking at 21 points on my licence (6 for Matter 1, 6 for Matter 2, 6 for Matter 3, and 3 for April speeding offence ), a large sum of fines and disqualification from driving.

I understand that as I did not update my VC5 it is my own fault for not receiving the letters that were sent out but I would really like to know if there is anything I can do.

Looking online the following path seems to be the best course:
- File a Statutory Declaration for the completed Matter 1 to have it reopened
- Ask for the speeding disqualification to be delayed and all three open cases to be merged into one hearing
- During the hearing offer to plead guilty on all speeding offences in exchange for the failure to identify charges being dropped. I know I am guilty for this due to failure to not update my V5c logbook address but I have read/been told by solicitors that the prosecution will often accept this.

I am in shock right now and trying to navigate the best path forward. The driving ban next tuesday is particularly difficult as it is the result of totting up - something that would never have happened if each offence had been responded to at the original speeding offence.

I understand this is a large, complicated situation that, by the letter of the law, I am 100% guilty for but I don't have the money for solicitor fees or massive fines so looking anywhere I can.

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Logician

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I think that you are taking the right approach to the problem, you certainly need to make every effort to get all your cases into one court, and make a statutory declaration in respect of matter 1, then hope that the court will agree to drop the failing to identify charges in exchange for guilty pleas to the speeding, which is a well established procedure. Whether you are out of the wood will depend on the the speed/limit for all the offences, the minimum number of points being three, you have at least 9 from the first three matters, you then need the April matter to be a small enough excess for the police to offer you a course if you are otherwise eligible.

So what are the speeds/limits?

andy_foster

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Matter 2: The offence in September has been partially processed and I have a Single Justice Procedure with a Notice of Proposed Driving Disqualification that will take effect next Tuesday.

Unfortunately we had to let Mystic Meg go on account of her not doing anything after she died.
What will take effect next Tuesday? What does "partially processed" mean?

If you have been convicted in your absence, you need to make a stat. dec. in relation to that conviction. If you have not yet been convicted, a stat. dec. is not appropriate for that matter. If the paperwork you have received is inconclusive, you need to contact the court asap (and be polite when you finally get to speak to a person).

By your own calculations, you are facing 21 points (although IMHO it would take an exceptional degree of f**kwittery to achieve that high a score). By my calculations the rest of us are facing 0 points in relation to these matters. If I were in your shoes, I would be going out of my way to provide as much relevant information as possible to enable those that I would be hoping would be helping me to do so.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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slapdash

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For matter 1 which you intend to do a stat dec.

You need to try and find out what you were charged with. If it was solely failure to furnish you may already have the best result available.