Author Topic: Statutory declaration to contest that fine letters sent to old address?  (Read 686 times)

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Hello would be grateful for advice

I have made a stat declaration as previously I was fined for having my car not taxed ( my fault) My appeal is based on the fact that reminders about the fine and subsequently debt collection and court was sent to my old  address hence I only got a reminder sent to my current address when the fine was v high.

Do I have any legs to stand on by apologising admitting guilt and that it was an oversight that I didnt update my address?

If its a waste of time please advise and Ill cancel my court appointment.

I have paid in full all dues and admitted guilt just thought I could potentially get a partial refund?

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Re: Statutory declaration to contest that fine letters sent to old address?
« Reply #1 on: »
Not updating the address on your V5C is a separate offence, but not one that you have been charged with.

Broadly speaking, a notice delivered to your "last known address" is lawfully served on you. You still have the right to make a stat. dec. as the right to a fair trial includes the right to be heard, regardless of the fact that the reason that you were not aware of the proceedings was your own fault, and a separate criminal offence.

Whilst you do not appear to have a defence, resetting the clock to the trial would enable you to enter a guilty plea (for which you could get up to 1/3 discount off the fine), potentially reduced costs, and negate the subsequently escalated recovery costs.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Statutory declaration to contest that fine letters sent to old address?
« Reply #2 on: »
thank you for replying

what do you mean about costs etc? As ive already paid the fine in full: Ive pleaded guilty on the form and only defence is it was an oversight in both address and tax (new car) Is it worth me attending as I dont have a defence like you say?

Re: Statutory declaration to contest that fine letters sent to old address?
« Reply #3 on: »
The court would have imposed a fine with no information about your means and also with no discount for  guilty plea (which, as Andy explains, you would be entitled to had you received the court papers and responded to them).

Fines are based on income and they would have used a default income of £440pw.

There is also the issue of costs demanded by the collection agency.

Tell us what you paid (with a breakdown into fine, costs, surcharge, etc) .

Re: Statutory declaration to contest that fine letters sent to old address?
« Reply #4 on: »
first fine of £330.84 was paid in full as of 30/03/2023.

(annual rate of duty £155)

 
second fine was £576.67 and ended up with me needing to pay  Marston recovery: £886.67 by time I paid it

so total paid was £1217.51

Re: Statutory declaration to contest that fine letters sent to old address?
« Reply #5 on: »
apologies i dont have a detailed further breakdown