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JenRuss

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About JenRuss

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  1. Thanks for your advice and best wishes everyone. I had my statutory declaration hearing today and as you all thought ...Reset to the original speeding charge to which I pleaded guilty and dropped the failure to serve charge. Result - £130 fine inc surcharge and 3 points. Thank goodness! Appreciate everyone who took the time to comment some of you so comprehensively. Jen
  2. Thank you so much Man in the middle and Manxman, you’ve been very helpful and I really appreciate your advice. I’ve been going over and over the possibilities and you’ve both helped to put my mind at ease. Fingers crossed everything will be ok. I’ll keep you posted. Thanks again for your support and for taking the time to write such thorough replies, Jen
  3. I will let you all know how I get on when I do a Stat Dec on wednesday morning. I am hopeful that they will accept that I knew nothing of the earlier proceedings and original request for driver details - as this is the truth and should I need evidence I have got that. My hope is that I will be asked to plead for the speeding offence and I will agree to plead guilty if the failure to provide details of driver offence is dropped. However if this doesn’t happen, will I still have to answer to the charge of non disclosure of driver details? If I do have to answer to this charge I would plead not guilty -as I haven’t received the correspondence. I just wonder what are the chances of the Magistrates deciding this requires a trial and accepting that I tried to update my new address details? Or is this very unlikely to occur? I obviously don’t want another 6 points and a fine of £1k as I’d be worse off than if I’d paid the bailiffs! Can anyone shed any light on how likely I am to be charged with the offence of not updating my records or would this be something the DVLA would have to start? I have since updated online so I think they are unlikely to initiate proceedings.
  4. Thank you Man in the Middle and ManXman for your comments and advice. I think I am clearly now and I’m just praying that I get offered the “deal” (drop the failure to provide driver charge) as the last think I want is a trial. Emotionally I couldn’t deal with the stress at the moment. Thanks Jen
  5. Thank you Dodgeball. To clarify I have lived in my current address for over 2 years. The offence was committed in Feb 19 and all correspondence went to my old address so I was unaware of it. I received a fine in my absence for not supplying drivers details, had I received the original notification of the offence I would have pleaded guilty and taken the penalty.
  6. Sorry I’m confused - I am pleading guilty to the speeding offence - not trying to defend that. I would like to plead not guilty to the offence of not supplying details of the driver as I would have responded had I received the letters from the police/court but as they were sent to my old address I had/have no knowledge of them. My anxiety lies in the fact although they will believe I had no knowledge of these letters as I have proof of new address etc I am concerned I may be prosecuted for the offence of not supplying my new address to the DVLA which I tried but clearly failed to do. Does anyone know if this is a possibility? From other threads I have consulted it seems the prosecution may make a deal and accept guilty for the speeding offence and scrap the identity offence?! This is my best case scenario. My worst is that I am guilty of both and I have a new offence attached - that of failing to form the DVLA and registering my car to my new address.
  7. Yes I was the owner and driver when I committed the speeding offence (although haven’t seen the evidence yet as have no correspondence relating to the offence). It’s more an issue of the DVLA not being informed of my new address - I tried but it looks like they didn’t receive it. I’m worried I could be prosecuted for not updating my address which I think may carry 6 points and a hefty fine if I am found guilty. I want to clear my name for the offence of not identifying the driver but don’t want to make matters worse for myself and my family.?
  8. Thank you. I guess I haven’t had cause time be concerned as I haven’t had to produce my licence for anything. My tax is renewed by the DVLA via email and I get a reminder by email so I haven’t thought about the new address. I honestly thought I’d informed them and that was that. Thanks for commenting and the support!
  9. Hello, please could I have some advice ahead of my appearance at the Magistrates court on Wednesday. I have requested a Statutory Declaration because I haven’t received any of the mail regarding a speeding offence committed in February. The first I became aware of the offence and court proceedings was yesterday when an ex neighbour and friend called to say that bailiffs had turned up demanding £1100 (court fine of £811 + enforcement fees). I thought it was a misunderstanding as I had sent my VR form back with our new address when we moved but when I checked the DVLA website I was horrified to see it still has my old address. I have updated and paid the £20 fee now. I have also looked for my V5 registration form and I have not had it returned so presumably they didn’t receive it or it has been lost. Is it my fault for not chasing this - I moved 3 years ago but have a toddler and a baby so I didn’t think about it once I’d sent it. I am also suffering from depression and really struggling at the moment. I am so upset that this has escalated to this point. I’m a law teacher and I am very diligent and careful. I have never been in debt and this has come as a huge shock. The Magistrates have been helpful and given me a court date for a Statutory Declaration and the bailiffs have been informed not to proceed yet. I want to see whether I am doing the right thing having this hearing or whether I should pay the fine in full? (this would be financially devastating before Christmas but we could manage if we borrow from family too). My intention is to attend court and to plead guilty to the original speeding offence but I want to know whether given the circumstances and lack of knowledge of the request for driver info ...can I plead not guilty to that offence? As this is the one which carries the hefty fine and a conviction. I am worried that they won’t believe that I tried to change my address and fine me for that offence as well which could double the fine I have now. I am happy to accept the speeding conviction and the points I just don’t think it’s fair that I should receive the conviction and fine for not responding to letters I didn’t receive. Thank you in advance for your consideration and assistance Jen ps. I have photo messages from the lady who lives in my old address corroborating that I haven’t received the mail from my old address.
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