Author Topic: Further steps notice and statutory declaration help  (Read 2547 times)

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Further steps notice and statutory declaration help
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Hi there
Thank you for anyone taking the time to read and any responses. I’ll keep it as brief as possible.
Received a further steps notice in April which by the time I got it was over 10 days from the date of the notice. No mention of offence but £1,024 fine.
Paid fine to ensure no further action.
Rang HMCTS and found out the original offence was for 34mph in a 20 zone, August 2024.
Checked driving licence and I now have 6 points for failing to identify driver.
Have received info from the court for the original speeding offence - Single justice procedure notice and a witness statement.
Both dated November. I haven’t received the original NIP or photo evidence - I need to contact the police if I want those.
Anyway, the reason for me not receiving anything before the FSN was because I recently got divorced, had sold the family home quite a while ago, had a breakdown, lost my job. Still not back to work as I’m still suffering from stress and anxiety (not in receipt of any benefits). I had neglected to change the V5 to my new address. I’ve moved 3 times in the past 18 months since the house was sold but v5 was still registered at the family home. My life’s been in disarray. I know this isn’t an excuse but more as to whether I should include this information on the statutory declaration? Or will a brief ‘I neglected to change my address’ suffice and then explain further at court? I’m concerned I’ll screw the form up. I’ve got to get it in in the next couple of weeks to make the 21 day deadline from when I found out.
Does anyone have any suggestions as to best/worst case scenario in court?
I’ve had a clean licence for many years (I’m 52).
Hope this makes sense and thanks for any help anyone can offer.
« Last Edit: April 22, 2025, 02:39:15 pm by Richduc »

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Re: Further steps notice and statutory declaration help
« Reply #1 on: »
In the SJPN were you dual charged for FTF and speeding?  Were you driving at the time of the offence?

Re: Further steps notice and statutory declaration help
« Reply #2 on: »
Hi Richard
So the SJPN is for speeding only.
The further steps letter which is the only correspondence I’ve receives related to the fine (and points) for the FTF although there’s no specific information presumably because this is a chasing letter for non payment.
Hope this helps.
Thanks again.
Rich

Re: Further steps notice and statutory declaration help
« Reply #3 on: »
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So the SJPN is for speeding only.

You cannot be convicted of speeding as the police have no evidence that you were driving. There must be (somewhere) a SJPN which was sent to you, charging you with the FtP offence.

Anyway, first things first. You need to perform a statutory declaration to have the FtP conviction expunged. That will be to declare that you knew nothing of the proceedings that led to your conviction. No reasoning or explanation is required.

If you make your SD in court, the charge(s) should be put to you after it has been accepted. Provided you were the driver at the time, you should plead Not Guilty to both, but offer to plead guilty to speeding if, and only if, the FtP charge is dropped.

Re: Further steps notice and statutory declaration help
« Reply #4 on: »
Hi Newjudge and thanks for the response. Apologies for the follow up.
So the SD is for the FTP only and I need to get the original case number for this offence to put on the form? I only have the case number of the speeding offence and an account number off the Further steps notice which is what I used to pay the FTP fine.
The form asks to briefly explain how I found out (about the FTP not the speeding offence, I presume). So I should just say ‘received further steps notice at new address’?
Once I attend court, I offer to plead guilty to the speeding on the proviso the FTP is expunged?
Sorry if I’m asking daft questions.
I would engage a solicitor to aid but have been quoted quite a bit and my circumstances don’t quite allow such an outlay at the moment.
Thanks again for any further advice.
Rich

Re: Further steps notice and statutory declaration help
« Reply #5 on: »
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So the SD is for the FTP only…

Yes because it is the only offence for which you were convicted.

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…and I need to get the original case number for this offence to put on the form?

Yes.

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So I should just say ‘received further steps notice at new address’?

Yes.

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Once I attend court, I offer to plead guilty to the speeding on the proviso the FTP is expunged?

You initially plead Not Guilty to both charges. Then, when given the opportunity (which will probably come when you are asked the reasons for your NG pleas) you make the offer to plead guilty to speeding only if the FtP charge is dropped. You may be able to see he prosecutor before you enter court to arrange this, but if no, do it as I suggested.

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Sorry if I’m asking daft questions.

Questions are not daft if you don't know the answers. Presumably you came here to find out what you don't know.

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I would engage a solicitor...

There is absolutely no need. This is a common procedure well known to all court users (prosecutors, magistrates and their legal advisors).

Re: Further steps notice and statutory declaration help
« Reply #6 on: »
Thank you so much. I can breathe a small sigh of relief. I’ll still anticipate up to six points and a large fine. And maybe claim back the original fine…I imagine I’m being a bit naive on that one!
Thanks again for your time and assistance.
Rich

Re: Further steps notice and statutory declaration help
« Reply #7 on: »
34mph in a 20 limit should see four or possibly five points and a fine of a week's net income (reduced by a third for your guilty plea). You will also pay a surcharge of 40% of the fine and about £90 prosecution costs.

But the main advantage is that the endorsement code for speeding is far less damaging o your insurance premiums than one for FtP. Insurers really hate that code and it would see your premiums increase considerably (perhaps double in the first year) for up o five years.

Re: Further steps notice and statutory declaration help
« Reply #8 on: »
Apologies if I've missed it, but has the OP answered the second part of the question put by @RichardW as to whether he was the driver for the speeding charge?

Re: Further steps notice and statutory declaration help
« Reply #9 on: »
Hi there
Yes I believe I was the driver and have requested evidence although I’m led to believe there’s only a photo of the rear of the car. And if, unlikely though it is, it turns out not to be me, I’ll just have to accept the current situation.
So that will be a large sum I’ll have to find on top of what I’ve already paid. Sheesh!
« Last Edit: April 22, 2025, 06:53:43 pm by Richduc »

Re: Further steps notice and statutory declaration help
« Reply #10 on: »
I don't think you've got to the bottom of this yet... Appears to me that there are 2 offences in play - the original for which you were convicted of FTF in your absence, and a second for which you have a SJPN - although how this comes to be in your name when you never received, or responded to, an NIP is a mystery. Could someone else have returned it 'on your behalf'?

There's only a point doing a SD for the FTF if you can get something out of it. If you were dual charged and you were the driver then you might be able to do the deal and get a speeding conviction only, which might reduce points and the fine and avoid the MS90 endorsement code. If you weren't on either count then you will get reconvicted (absent a defence which you don't appear to have), and the only benefit will be a reduction in the fine for the guilty plea - and if your earnings are higher than the amount assumed the fine might go up.

You need to try and get hold of the SJPN and witness statement for the FTF and try and figure out if it relates to a separate offence to the speeding one you have. What does the witness statement you mentioned above say?

Re: Further steps notice and statutory declaration help
« Reply #11 on: »
Hi Richard
Maybe I’ve not been particularly clear.
I’m the registered keeper of the car in question (or was as it’s just been sold). I’ve missed all correspondence on a NIP and any further notices and then, presumably as I’ve updated my address details recently on my driving licence, received correspondence in the form of a further steps notice for, as I understand it, the FTF only, including a £1024 fine. As I didn’t know the ins and outs I’ve chased information on the original speeding offence thinking that’s what I need to use for the statutory declaration. The SJNP and witness statement (from the speed camera operator) I requested relate to and mention only the NIP.
So I’m anticipating there’s two offences I’ve been unaware of and therefore another SJNP for that too that I’ve also missed?
The only possibility of someone else returning the NIP is the new owners of my previous family home - unlikely as I believe they have not been keeping any mail that may have arrived there.
I’m currently not working due to illness.
Does this make any more sense?

Re: Further steps notice and statutory declaration help
« Reply #12 on: »
I think some posters are getting confused here. What you should have had is a SJPN dual charged with speeding and FTP. What you are unlikely to have had is a SJPN for FTP followed by a second SJPN for the speeding charge. There is currently only one conviction to deal with and no outstanding offences. Once the stat dec is done there will be two offences.

The statement from the camera operator will be there only to refer to the original offence.

Your licence online should show the one conviction code, MS90 for failure to provide driver details.

Edit. There could be a second charge relating to an entirely separate occasion of course. But that isn't what we appear to have here. 
« Last Edit: April 23, 2025, 10:00:29 am by BertB »

Re: Further steps notice and statutory declaration help
« Reply #13 on: »
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Once the stat dec is done there will be two offences.

Only if he was "dual charged" in the first place.

Re: Further steps notice and statutory declaration help
« Reply #14 on: »
I’ll go back to hMCTS and ask for the case number for the FTF and see if I can get the papers for that which may show dual offences?
There aren’t any other outstanding offences I’m aware of (I went to my local police station last week and although they couldn’t give me any paperwork the officer said he’d checked all my details and there wasn’t anything else he could see) and I have 6 points, MS90 applied recently