Advice for statutory declaration at magistrates court
Discussion
Hi. Asking for a friend - let's call him Fred. Genuinely a friend, although doesn't matter if you think it's me. Looking for practical advice as never been involved in anything similar before...
Fred is young (25ish) and a law abiding citizen and as such has never been in a police station, let alone a magistrates court, and the prospect is daunting him. He's worried that he's in lots of trouble which will impact him for years to come over an administrative error - he's normally very diligent with admin, but moving house can be a stressful busy time as I'm sure we'd all agree.
Fred moved house August last year. Formal proper house move selling one house and buying another (mortgage involved and everything so can prove it). Set up a royal mail redirection for 3 months (can't prove that but immaterial anyway) and Fred thought nothing more about it.
Unfortunately Fred forgot to update the address on his V5. Knowing PH as I do there'll be lots of questions about why not, and why he didn't set the Royal Mail redirection for longer, but he didn't and there's no point crying over spilled milk, is there? He did, however, change the address on his Driving Licence and it's through his licence that the following has come to light.
This week he gets a letter through the post asking for £800+. This sets off a chain of investigation and we work out that a NIP must have been sent to the old address in February this year. When he didn't respond they've slapped 6 points and a fine on for not declaring the driver's details.
Investigations we have done has found we can try to resolve this issue by way of a statutory declaration at a magistrates court which, if accepted, can effectively set this aside and restart the process. If that happens, then happy days. Fred has a clean licence and is happy to accept the normal punishment of points or a speed awareness course. For PH warriors, we haven't seen the original NIP so we don't know the speed or whether a speed awareness course was offered.
What we'd be grateful to know is about the statutory declaration process in a magistrates court from a practical point of view if you have any insight:
If you have a 9:30 appointment do you get seen at 9:30? or does everyone turn up together and you take turns? (Is he going to need to take the whole day off?)
Is it worth taking proof of the house move/change of address, or is the statement enough?
Is a character witness necessary or helpful or even allowed? (That would be me).
Is it a suit and tie thing?
How long does it take?
Are there times when statutory declarations are not accepted? If not, why not?
Is there another question I should be asking? Have I missed something?
Fred will be very grateful for any helpful insight you can offer, so thank you in advance on his behalf.
TL:DR What should we expect in a magistrates court when making a statutory declaration to get 6 points and a fine for not declaring the driver set aside.
Fred is young (25ish) and a law abiding citizen and as such has never been in a police station, let alone a magistrates court, and the prospect is daunting him. He's worried that he's in lots of trouble which will impact him for years to come over an administrative error - he's normally very diligent with admin, but moving house can be a stressful busy time as I'm sure we'd all agree.
Fred moved house August last year. Formal proper house move selling one house and buying another (mortgage involved and everything so can prove it). Set up a royal mail redirection for 3 months (can't prove that but immaterial anyway) and Fred thought nothing more about it.
Unfortunately Fred forgot to update the address on his V5. Knowing PH as I do there'll be lots of questions about why not, and why he didn't set the Royal Mail redirection for longer, but he didn't and there's no point crying over spilled milk, is there? He did, however, change the address on his Driving Licence and it's through his licence that the following has come to light.
This week he gets a letter through the post asking for £800+. This sets off a chain of investigation and we work out that a NIP must have been sent to the old address in February this year. When he didn't respond they've slapped 6 points and a fine on for not declaring the driver's details.
Investigations we have done has found we can try to resolve this issue by way of a statutory declaration at a magistrates court which, if accepted, can effectively set this aside and restart the process. If that happens, then happy days. Fred has a clean licence and is happy to accept the normal punishment of points or a speed awareness course. For PH warriors, we haven't seen the original NIP so we don't know the speed or whether a speed awareness course was offered.
What we'd be grateful to know is about the statutory declaration process in a magistrates court from a practical point of view if you have any insight:
If you have a 9:30 appointment do you get seen at 9:30? or does everyone turn up together and you take turns? (Is he going to need to take the whole day off?)
Is it worth taking proof of the house move/change of address, or is the statement enough?
Is a character witness necessary or helpful or even allowed? (That would be me).
Is it a suit and tie thing?
How long does it take?
Are there times when statutory declarations are not accepted? If not, why not?
Is there another question I should be asking? Have I missed something?
Fred will be very grateful for any helpful insight you can offer, so thank you in advance on his behalf.
TL:DR What should we expect in a magistrates court when making a statutory declaration to get 6 points and a fine for not declaring the driver set aside.
Best advice is for him to visit Pepipoo and post himself, they don't like "send three and fourpence . . ."
SD is administrative only and can be done at most solicitors as well, it isn't given in a courtroom.
At magistrates court he is likely to be asked to enter a plea, if he can't avoid it then NG but ideally delay pleading until he knows the detail of the charges. He should be able to find out what they are by phoning the court and asking, then following up with the appropriate police force.
At this stage the court is just taking a statement from him (the SD) that he knew nothing of the case. It may be challenged later if it turns out he did but the court should not refuse to take one.The re-trial will be set for some time in the future.
Turn up for 0930 and be prepared for the usual public sector admin delays.
He needs to bear in mind that if he wasn't the driver he will end up convicted of the same charge again as he appears to have no defence. More options will apply IF he was the driver.
SD is administrative only and can be done at most solicitors as well, it isn't given in a courtroom.
At magistrates court he is likely to be asked to enter a plea, if he can't avoid it then NG but ideally delay pleading until he knows the detail of the charges. He should be able to find out what they are by phoning the court and asking, then following up with the appropriate police force.
At this stage the court is just taking a statement from him (the SD) that he knew nothing of the case. It may be challenged later if it turns out he did but the court should not refuse to take one.The re-trial will be set for some time in the future.
Turn up for 0930 and be prepared for the usual public sector admin delays.
He needs to bear in mind that if he wasn't the driver he will end up convicted of the same charge again as he appears to have no defence. More options will apply IF he was the driver.
Update for you...
Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
jaja4421 said:
Update for you...
Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
Sounds like he was in the 10% + 2 Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
jaja4421 said:
Update for you...
Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
Jeepers that's harsh - I knew he wouldn't get an SAC offer, but I've seen cases where the Mags have said as it would normally be dealt with by fixed penalty they've imposed the same. Although I suppose that's the fine only, he'd still be stuck with the costs etc.Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
Sheepshanks said:
jaja4421 said:
Update for you...
Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
Jeepers that's harsh - I knew he wouldn't get an SAC offer, but I've seen cases where the Mags have said as it would normally be dealt with by fixed penalty they've imposed the same. Although I suppose that's the fine only, he'd still be stuck with the costs etc.Fred attended the magistrates court this morning. I didn't go to support, so this is his report by phone...
He turned up early, dressed smart. Three magistrates sat. Got seen first. They could see he was nervous and proceeded accordingly (apparently were 'nice'). Turns out offence was 35 in a 30. Fred explained the situation as per the original post.
His Statutory Declaration was accepted and the magistrates immediately moved to deal with the speeding offence. Fred accepted responsibility and was given 3 points and a £306 fine (being £176 for the offence, £100 court costs, and £30 victim surcharge). He was not given the opportunity of a speed awareness course.
Lesson learned - not updating your V5 address can have expensive consequences.
martinbiz said:
A victim surcharge applies to all guilty verdicts where costs are imposed, it is not related to the specific case but goes into the coffers to help all victims of crime..... so they tell us..........!
I don't remember getting anything when my car was stolen, but maybe that isn't classified as a crime anymore, just an insurance claim for accidental loss.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff