Author Topic: MS90 conviction, revoked license - appeal help  (Read 323 times)

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MS90 conviction, revoked license - appeal help
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Hello,

I got a speeding ticket in May 2025 that I didn't receive due to it going to my old address (S21 from this address and moved out in July 2024, homeless ever since) and me being homeless sofa-surfing on friends/family's couches and living in my car. It went to a MS90 in June 2025 and I still didn't receive letters. September 2025 I updated my address to my mum's house but stopped regularly staying there in November 2025 as she put the house up for sale. The court said that they sent a letter in Nov 2025 alerting me of my court date but I didn't receive this either and I don't know what address it went to. Court heard the case on 27th February 2026 and because the convictions were within my first two years of driving, the 6 points have caused me to have my license revoked.

I am trying to lodge an appeal because having my license revoked means I can't get to work and I am still homeless now so will struggle for places to sleep. I registered with Jigsaw Homes in March 2025 and actually registered with the council as homeless in Dec 2025/Jan 2026.

I don't know whether it is best to do the video call to court option or the statutory declaration statement. Or what to say on either.

Please help. Thank you in advance

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Re: MS90 conviction, revoked license - appeal help
« Reply #1 on: »
How and when did you become aware of the court hearing and/or revocation? What have you done since becoming aware?

N.B. We have a fairly good understanding of criminal road traffic law here. Speaking for myself, I have no idea what S21 means (other than a reference to section 21 of some Act of Parliament or other?). Nor what this "the video call to court option" is.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: MS90 conviction, revoked license - appeal help
« Reply #2 on: »
Thank you for your reply. I became aware on Monday 16th, this day I called DVLA, the court it was heard at and they passed me SJS’s number but their line was closed so I called them on the Tuesday first thing in the AM.

The S21 is in relation to the housing, meaning I had no choice but to move out of the rented property within 2 months.

Thanks!

Re: MS90 conviction, revoked license - appeal help
« Reply #3 on: »
Sorry I became aware because my mum picked up some letters from the house she was selling after the sale fell through and it was with those. But obviously I didn’t open it until 17 days after the court date.

The link that the court sent me it gives me 5 options, they said to ignore the first 3 but the other two are either a video call or a statement

Re: MS90 conviction, revoked license - appeal help
« Reply #4 on: »
Looking at the dates, and ignoring much of what you have written to make sense of those dates (because what you have written is Grade A hogwash), we can conclude (for the sake of the sanity of anyone else trying to help) that -

May 2025 - either alleged speeding offence occurred, or NIP issued. Or both, but either way, that "speeding ticket" the OP received then was never received as he no longer had access to the address on the V5C.

June 2025 - offence contrary to s. 172(3) RTA 1988 was deemed to have been committed when no response to the requirement in the NIP to name the driver was received at the expiration of the 28 days beginning with the date of deemed service.

November 2025 (probably) - most likely an SJPN - either for the s. 172 only, or for both the s. 172 and speeding was issued, and not received.

27th February 2026 - for reasons not entirely obvious, rather than the SJ simply deciding the case on the papers as no plea had been entered, a court hearing was held to try the information. Notice of court hearing date possibly sent in November 2025. OP convcited of s. 172 offence - 6 points, MS90 endorsement code.

DVLA endorses OP's driver record and issues notice of revocation.

Monday 16th (presumably March 2026), OP received notice of revocation from the DVLA, given notice of date of licence revocation. OP phones the DVLA. OP calls the Service Justice System???? Tuesday 17th (also presumably March 2026). No idea what was said.

On the assumption that you first became aware of the court proceedings on Monday 16th March, you effectively have 4 options -
make a statutory declaration within 21 days of becoming aware of the proceedings and have the conviction quashed under s. 14 MCA 1980 (why you were unaware is irrelevant to the process) - if made within 21 days, the court have to do this,
request that the court re-open the case under s. 142 MCA 1980 in the interests of justice (don't do this - it is at the court's discretion),
appeal to the Crown Court (again don't do this - costs can be higher, and more importantly this would be your second bite at the cherry, quashing and having the case reheard in the Magistrates would be the first bite (a second time), still leaving the option of an appeal to the Crown Court open, or
do nothing - depending on what offences you were charged with, and the viability of any defences at a re-hearing, and numerous other things  we have not been told, it is not always worth going through the process if the outcome is likely to be substantially the same.

Please do not use jargon and/or abbreviation unless you are sure that both you and we understand their meaning.
Also understand that you are facing a serious issue, and that we have better things to do with our time than pulling teeth and trying to distill meaningful information from gibberish.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: MS90 conviction, revoked license - appeal help
« Reply #5 on: »
The link that the court sent me it gives me 5 options, they said to ignore the first 3 but the other two are either a video call or a statement

That clarifies absolutely nothing!
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: MS90 conviction, revoked license - appeal help
« Reply #6 on: »
Okay thank you, so how do I make a statutory declaration under s14 MCA 1980? And is there anything particularly I need to write in it?

Thank you again for your help

Re: MS90 conviction, revoked license - appeal help
« Reply #7 on: »
It tells you how under the heading "Important topics" at the top of this board

https://www.ftla.uk/speeding-and-other-criminal-offences/statutory-declarations-for-proceedings-you-weren't-aware-of/


[Edit:  Although I'm not sure that the link given at the end of that post is the easiest one to find a copy of a statutory declaration form.  This might be a better one under the sub-heading "If you did not know about your case"?

 https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

See what others more expert than I am advise

Note - although that page appears to be talking about appealing a magistrates decision you aren't really appealing anything.  you are just making a statutory declaration that you did not know about the proceedings against you]


[mod edit: Link in sticky had expired - the URL referred to a form, the link went to a general landing page. Link replaced with the one suggested by my learned friend. N.B. This is a link to a page with advice/instructions and a clear link to the appropriate form, rather than directly to the form itself. Also, sticky not written by me - the clue is that it does not say that if the link is dead, pretend that you're a grown up and try googling it.]
« Last Edit: Today at 01:32:59 pm by andy_foster »

Re: MS90 conviction, revoked license - appeal help
« Reply #8 on: »
Okay thank you, so how do I make a statutory declaration under s14 MCA 1980? And is there anything particularly I need to write in it?

The first step is generally to contact the court. You have done this already, and they gave you 5 options. Logically, it seems probable that one or more of those options might be appropriate for making a statutory declaration. Or not. Who knows? Who cares?
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: MS90 conviction, revoked license - appeal help
« Reply #9 on: »
When making your enquiries it might be worthwhile finding out whether you were charged with speeding as well.

From what you have told us, you have no realistic defence to the charge of “Failing to Provide Driver’s Details” (FtP) which led to your MS90 endorsement and six points. Having that matter reheard will almost certainly see you convicted again.

If you were charged with speeding as well, there is a possibility you can get the prosecutor to drop the more serious charge in return for a guilty plea to the speeding offence. If not, the only advantage to seeing the FtP charge reheard is if you were fined a sum that was excessive compared to your means. The offence carries six points and the court cannot impose fewer. As well as that, the court has no discretion over the revocation of your licence. The DVLA has a legal duty to do that when they learn of your six points.

Re: MS90 conviction, revoked license - appeal help
« Reply #10 on: »
Academically, a case such as this could potentially be Whiteside's evil twin. As the OP was of no fixed abode, would it have been reasonably practicable to ensure that notices sent to the RK were received, and if that did not assist in this case, other cases could well have factual matrices that meant that it was not reasonably practicable - although I would suggest that a bench would need a lot of convincing.

N.B. I say "academically", because your guess as to how long this thread remains live is as good as mine.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.