Discussion
Hi All
Been reading the site with interest and after some input. Received a court summons just the other day did not give much info at all really just my vehicle and the fine £200 and £43 costs! Did not initially have a clue what it was about so made some phone calls. Finally found out it was relating to a failing to provide details offence or MS90 and this was from November last year in Cumbria. Was not in Cumbria last november but was in Cumbria on way to Scotland in Oct last year. Anyway to cut a long story short going through a divorce at mo and not changed my driver details to my current address as been moving about a bit but the ex has not been sending on all my mail either. Got this feeling i must of got a speeding offence and due to being unaware did not action it hence this sudden appearance of a letter. So any thoughts? Just would prefer to accept a speeding offence than an MS90 or am I buggered. Seemed to remember a nice big van on a motorway bridge whilst on the motorway so got this feeling it was relating to that. Anyway any thoughts would be great and thanks for reading the essay! Cheers Andy
>> Edited by andy5128 on Monday 26th September 22:08
Been reading the site with interest and after some input. Received a court summons just the other day did not give much info at all really just my vehicle and the fine £200 and £43 costs! Did not initially have a clue what it was about so made some phone calls. Finally found out it was relating to a failing to provide details offence or MS90 and this was from November last year in Cumbria. Was not in Cumbria last november but was in Cumbria on way to Scotland in Oct last year. Anyway to cut a long story short going through a divorce at mo and not changed my driver details to my current address as been moving about a bit but the ex has not been sending on all my mail either. Got this feeling i must of got a speeding offence and due to being unaware did not action it hence this sudden appearance of a letter. So any thoughts? Just would prefer to accept a speeding offence than an MS90 or am I buggered. Seemed to remember a nice big van on a motorway bridge whilst on the motorway so got this feeling it was relating to that. Anyway any thoughts would be great and thanks for reading the essay! Cheers Andy
>> Edited by andy5128 on Monday 26th September 22:08
It looks as if the vehicle was flashed and NOIP/172 forms to name and shame was sent to Reg Keeper. Presumably you did not notify the change of address to DVLA not only your DL but vehicle keeper.
As a result docs not actioned and SCP have gone straight into prosecution mode and issued summons for failing to name driver. No response to summons have gone ahead and heard case and imposed fine and points.
You have two options. Firstly accept what has gone on which has occurred though your negligence in dealing with matters, or
If you have never had any summons other than the notification of Court result then you need to see a Solititor pronto. He will explain how to invalidate what has gone on by you making a statutory declaration that you did not know the date of court case and have that declaration served on the Clerk of the Mags Court
within 21 days of you becoming aware the Court proceedings held. Those proceedings can then be made void, fresh summons issued and case heard again before new Magistrates so that you make what arguments/submission you wish.
Be aware Cumbria are like Ghurkas - they take no prisoners as IaHa will tell you.
dvd
As a result docs not actioned and SCP have gone straight into prosecution mode and issued summons for failing to name driver. No response to summons have gone ahead and heard case and imposed fine and points.
You have two options. Firstly accept what has gone on which has occurred though your negligence in dealing with matters, or
If you have never had any summons other than the notification of Court result then you need to see a Solititor pronto. He will explain how to invalidate what has gone on by you making a statutory declaration that you did not know the date of court case and have that declaration served on the Clerk of the Mags Court
within 21 days of you becoming aware the Court proceedings held. Those proceedings can then be made void, fresh summons issued and case heard again before new Magistrates so that you make what arguments/submission you wish.
Be aware Cumbria are like Ghurkas - they take no prisoners as IaHa will tell you.
dvd
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