Request for payment 7 years later

[judslat]

Back in 2006 i somehow ( i was a company car driver) acquired an MS90 fail to furnish which once my license was sent back in 2008 for a speeding offence was added on top of the new 3 points for the speeding offence, they gave me 3 points and a 60 pound fine.

 

At the time the company was going through a change of ownership and the lease vehicle details were changed to a new company that was taking care of the paperwork.

 

I never saw any paper work for a speeding offense and as i said it wasnt until i sent my license off in 2008 that i had any idea of the MS90, but it appeared on my license, i rang the DVLA and they confirmed that i had been fined for not furnishing and points added on for it.

 

I never heard any more about it but today i got a letter stating that payment is to be made and that arrangements have been made to deduct the money from my benefits.

 

Stranger still, i only went unemployed 2 weeks ago, so how did they know i wasnt working.

 

How do i stand with them chasing for payment for a fine i had no idea had been acccrued due to the company not passing over details.

 

and the fact that it has been seven years since the (alleged) incident took place and that i never had a chance to answer any court action.

 

thanks

[sgtbush]

the company will of got a NIP and named you on it, otherwise they wouldnt have your details, and the company would of had a warrant issued against them for failure to provide driver id as required in law

it sounds like to me that you have moved address.

they more than likely have had you in trace, and you were flagged up on the DWP records when you submitted a claim.

you can try to file a stat dec with the courts but as seen as you were first made aware of the fine in 2008 when it appeared on your licence i dont know if it would be accepted.

you should of challanged it then, but its worth a shot doing a stat dec

[judslat]

i see your point, however i went unemployed last year for 4 months and nothing was sent then, as for the address, ive not moved house in 15 years.

What is a stat dec and what does it involve.

[Aretnap]

A statutory declaration is a short statement made in front of a magistrate or solicitor where you solemnly declare that you knew nothing of the charge or conviction until (date). If you make it within 21 days of becoming aware of the conviction the court is obliged to set aside the conviction and cancel any fine - though the CPS can then reissue proceedings and you can be tried again. If you make it more than 21 days after learning of the proceedings the court can accept it if it wants to, but it's not obliged to do so. While funny things do happen it seems unlikely that they'd accept one now given that you've already had 5 years to do something about it. I suppose you have nothing to lose by asking though.

 

My guess would be that the company provided an incorrect address for you and all the correspondence at the time went to that address, but that's academic unless you can get te case reopened.