MS90 conviction discovered 9 months later - statutory declaration submitted. What happens next?

Hi all,

I recently discovered that I had been convicted of failing to identify a driver (MS90) without knowing anything about the proceedings. I've submitted a statutory declaration application and am waiting to hear back, but I'm quite anxious about what happens next and would appreciate some advice.


The timeline is as follows:

• 6 May 2025: My vehicle was allegedly recorded doing 24 mph in a 20 mph limit.
• 9 May 2025: Police reportedly sent a NIP and Section 172 request, which I never received.
• 10 June 2025: Date of the alleged failure to identify the driver offence.
• October 2025: Proceedings were commenced for both speeding and failing to identify the driver. The court paperwork was sent to an old address, so I never received it.
• 11 December 2025: I was convicted of the MS90 offence and received six points and a financial penalty.
• 18 September 2026: I discovered the conviction for the first time when £1,044 was deducted from my salary through an attachment of earnings order.

I had moved address before the alleged offences and had updated my driving licence, but unfortunately hadn't updated my V5C. I accept that this was my mistake, although I genuinely received none of the correspondence and had no idea there was a prosecution or conviction until the money was taken from my wages.

On 18 September, the same day I found out, I submitted the HMCTS online application to make a statutory declaration and reopen the case. I provided tenancy agreements showing when I moved and have been told to wait for HMCTS to contact me.

What I'm really looking for is advice on what is likely to happen next.


Assuming the statutory declaration is accepted, will I then have to attend court again to deal with the original speeding and Section 172 charges?


Is that normally dealt with at the same hearing or at a later date?


If I was the driver, would it be sensible to offer to plead guilty to the original speeding offence in exchange for the Section 172 charge being withdrawn?


How would I actually go about doing that in court? Would I speak to the prosecutor beforehand, or explain the situation directly to the magistrates?


I'm also wondering whether my failure to update the V5C is likely to cause problems, despite genuinely not receiving any correspondence.


Is there anything I should be doing now while waiting for HMCTS?


I've never been through anything like this before, so any practical advice about what to expect at court and how to approach it would be greatly appreciated.

Assuming the statutory declaration is accepted, will I then have to attend court again to deal with the original speeding and Section 172 charges?

You will have to attend court to make your Statutory Declaration. The court has no option but to accept it (assuming hey have agreed to hear it).

Is that normally dealt with at the same hearing or at a later date?

Normally at the same hearing.

If I was the driver, would it be sensible to offer to plead guilty to the original speeding offence in exchange for the Section 172 charge being withdrawn?

Yes

How would I actually go about doing that in court? Would I speak to the prosecutor beforehand, or explain the situation directly to the magistrates?

If you get the opportunity, speak to the prosecutor. If not, make your offer when you are called into court.

I'm also wondering whether my failure to update the V5C is likely to cause problems, despite genuinely not receiving any correspondence.

No

Is there anything I should be doing now while waiting for HMCTS?

No

It was a bit late last night and I only provided a quick reply. So a bit of elaboration.

The court must hear your SD if it is made within 21 days of you discovering that you had been convicted without your knowledge. They may hear it, at their discretion, beyond that time. In practice the court would not normally refuse to hear an SD if the only reason for the delay beyond 21 days was lack of an appointment slot in the court.

They are only witnessing your declaration. They are not considering its veracity (though you should be warned that to make a false declaration is a criminal offence). So once they have heard it, that is the end of it. Provided it has been made properly (and the court's Legal Adviser will ensure that it is) there is no possibiliy that your SD will be declined.

The effect of your declaration will be to remove your conviction and nullify all the penalties that went with it (fine, costs, surcharge, endorsement and points).

What will normally happen is that once you have made your declaration, the charges will be put to you again. If you have been able to see the prosecutor earlier, he or she will guide the court through he change in charges. If not, it is at this point that you can make your offer to plead guilty to speeding on the condition that the s172 charge is dropped. This is a common procedure, well known to all court users and officials, and is almost always accepted.

I note you say “if I was the driver”. This offer can only be made if you were driving. If you were not, a speeding prosecution would not succeed (the police have no evidence to prove who was driving). But you would have to defend the s172 charge (with which you would have considerable difficulty).

Failing to update your V5C is an offence but it is rarely prosecuted. If it is, it carries only a fine (no endorsement or points).

Do let us know how it goes.