Free Traffic Legal Advice

Looks like the regulars are not about so you will have to make do with me for now.
First step is to make an appointment to perform a statutory declaration to get the conviction canceled.
Search this site for details on that.
Others more knowledgeable than me will be along soon.
There is a sticky on statutory declarations.

I’ve confirmed with the DVLA that both my driving licence and vehicle logbook have the correct address recorded.

What counts is what was on your V5C at the time of the offence. You MUST check your V5C has the correct address (and postcode), and that the DOCREF date at the bottom is prior to the offence.

You may be able to check this online with the "Date last V5C issued", but you won't be able to verify your address is correct this way.

Do you have a history of postal issues?

Whilst the regulars aren't here: You will need to make a statutory declaration within 21 days of becoming aware of the proceedings which will reset the process back to the beginning of the court process. Let others come and give you advice before doing anything off your own back.

1. No.

2. No. The only “drafting” is filling in the blanks on the form.

Thank you again for all the help

1, I've attached the letter that I received from Bradford Magistrates which shows the charges.

2, I've not had any paperwork related to the original speeding charge of 35 in a 30, but I'm pretty sure it will of been myself driving as no one else has access to my car.


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Thank you, Andy, for your detailed response.

The reason I included the screenshot was due to the confusion where it states that "offense 2 has been withdrawn." I thought it would be best to share the letter for context.

As I mentioned, all my paperwork is up to date. I have lived at my current address for 16 years, and the courts clearly have the correct address as I’ve received correspondence from them by post. However, I’m struggling to understand why two letters from West Yorkshire Police never reached me.

I understand you may feel this sounds like a stretch, but I genuinely haven’t received or misplaced any correspondence. Responding to the NIP would have been in my best interest as my license was clean. I understand I could have been offered a speed awareness course or the option of 3 points and a £100 fine. Ignoring a notice from the police would be reckless, and I would have no reason to do so. I work for the emergency services and am currently undergoing response driver training, where penalty points on my license could jeopardize my progress.

You mentioned the speeding charge has no legs—does this relate to the time elapsed since the alleged offence? If so, does this mean I can no longer be charged with this offence, or could I ask the court to reopen it, thus avoiding the section 172 charge?

I’m also a bit unclear on how to proceed with the Statutory Declaration. Could you confirm if I should plead not guilty to both the original speeding offence and the section 172 charge?

Thank you again for your help.
!

You mentioned the speeding charge has no legs—does this relate to the time elapsed since the alleged offence? If so, does this mean I can no longer be charged with this offence,…

You’ve already been charged with it. Unless you plead guilty to it, it cannot succeed as the police have no evidence that you were driving. I’ll explain a little more.


Firstly, you will need to perform a “statutory declaration” (SD). Although you can make an SD before a solicitor, in your circumstances it will be more straightforward to do so in court so you need to contact the court to make an appointment.

You will almost certainly be asked to attend to make your SD and the court's legal advisor will guide you through the process.

You should make your SD within 21 days of learning of your conviction. A court must accept it if it is made in that time. They may accept it later at their discretion. If the reason for a late declaration is solely because you could not secure an appointment there will be no problem.

The SD has the effect of making the proceedings under which you were convicted a nullity. This means it is as if they never happened. Any penalties (fine, costs, endorsement and points) will be revoked.

When that has been completed the two charges will be put to you again You should plead Not Guilty to both charges but make the court aware that you will plead guilty to the speeding charge if, and only if, the “Fail to Provide Driver’s Details” (FtP) charge is dropped. This is a common procedure known to all court users. The effect of his offer is to obviate the need for you to defend the FtP charge. You may succeed with a defence, but you may not and a conviction for that offence is best avoided if at all possible.

You should also ask the court that, since your speed was within the range where normally a fixed penalty would have been offered, would they kindly consider imposing a sentence equivalent to that (£100 and 3 points) rather than sentencing you in accordance with the normal guidelines. Magistrates have guidance that suggests they might consider that in your circumstances.

Although some courts are conducting this process remotely, most will ask you to attend. If you do, it would be helpful to you if you could see the prosecutor for your case before you are called into court. He or she will be well aware of the offer you are going to make and it will smooth the process a little if they know what you are going to do. When you arrive at court you will be asked to check in at reception and you can ask then if the prosecutor is available.

1. No you shouldn't. What are you thinking of complaining about?

2. You do not want your case reopened. That's a different process. You may find they are "radio" buttons (i.e. you can only have one or the other). In any case you want the second option (to make a Statutory Declaration). This is the form you need for that:

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fmedia%2F605df1ace90e070c6b572aa1%2Ftsm001-eng.doc&wdOrigin=BROWSELINK

Though it should be supplied by the court.