MS90 failure to supply name - need to do Stat Dec but I live in Thailand

[Mister Fixit]

Hi all

 

I could do with some advice on something a bit complex. I live in Thailand and have done since 1 Nov 2004, and only return to the UK for occasional family visits. I did so last year without my wife, due to a family crisis with one of my children - no time to get a visa for my wife.

 

When I left the UK, I initially had all my driving, bank and insurance details transferred to my brother's address. However, after a serious fall-out with him, I transferred them all to the friend (G) of another friend (B) - we stayed with G and as we were then thinking of moving back to the UK, it seemed sensible to do this. This was in Wolverhampton.

 

A few days ago pal (B) emailed me to say G had received a letter from the DVLA asking for confirmation of my address as I had had court proceedings against me. This was a bit of a shock as I knew nothing of this at all, but a quick look at the DVLA website confirmed that I had indeed been convicted of an MS90 – Failure to provide name of driver at Gateshead Mags Court and been fined £600 + 6 points.

 

I have been in touch with the court and the police unit and they both pretty helpful. The initial offence was that I was flashed in Newcastle upon Tyne doing 41 in a 30 limit on 20 July last year. However, I was in a hire car. The police contacted the hire people who unfortunately gave them my pre-2004 Wolverhampton address before I moved to Thailand. That has caused all sorts of problems.

 

The Northumbria police traffic unit just kept sending letters there and obviously they never heard anything back from me, as I had left the country on 3 August and was back in Thailand the next day. So, they sent the matter to the Regional Traffic Court in Gateshead who eventually issued a summons to my pre-2004 Wolverhampton address.

 

The court would, of course, have heard nothing, so using a bit of brain, unlike the police who really should have done this before going to the court, contacted the DVLA who gave them the proper address on my licence. The court wrote to that address and just Wednesday gone, I received an email from my pal B in Wolves to say that the DVLA wanted to confirm my address due to legal proceedings, as I said.

 

I called the court and explained that I lived in Thailand which, in fact, they had already found out by doing a trace on the HMRC and National Insurance computers – I’d told the tax and other authorities years ago. I asked them all about it, they were very helpful and explained that I’d need to make a Statutory Declaration that I had never received any police or court correspondence. This would reset the case and I could then answer the original alleged offence of speeding.

 

They suggested that I email them with my Thai address and explain that I had been out of the UK at the time of all the correspondence and they’d put the case to a Legal Officer for consideration – consideration of what though? I did this and I’m still waiting for a reply after 2 days.

 

Now then, how on earth do I make an SD? I asked in my email if they would send me any necessary forms but haven’t heard back yet. Further, I have tried Googling for a template without success. I have been advised that if I can get the form, the British Embassy here in Bangkok could probably notarise it for a fee, of course. It’s the Thai equivalent of £55.

 

Can anyone advise me how I go about making this Statutory Declaration? Or should I just wait for the court to get back to me?

 

However, it has also been suggested that the court and police might just drop the whole thing due to the distance involved. Can anyone tell me if I can be prosecuted when I don't live under UK jurisdiction ... I probably can, but it's whether they will.

 

 

Thanks for reading such a long post!

[citizenB]

https://www.justice.gov.uk/courts/northampton-business-centre/traffic-enforcement-centre/statutory-declarations

 

If this is a motoring offence, then I think the form to download is at the very bottom of the link above. I think you will need a Commissioner of Oaths or Solicitor to witness the declaration.

[mikeymack2002]

Here is a template version should you not be able to link to it....

 

 

Have a look at s37 here http://www.justice.gov.uk/courts/procedure-rules/criminal/formspage

[Mister Fixit]

Many thanks for the information - sorry for the delay in thanks people. I've been busy trying to sort this thing out.

 

Still no word from the court, despite 3 emails. I was told rather testily by a clerk that the case was 'with legal' who were making 'further enquiries'. I asked with whom and was told the police - probably ticking them off for not checking for any change of address with the DVLA before just bunging the case at the court and costing them a fortune in trace fees. I was just told to wait and they would 'get back' to me - but when?

 

Some good news. The court are wrong about me having to go there to make a Stat Dec. I have enquired at the British Embassy here and I can do it there. Then I can send it in and that should suffice.

 

Anyone have any comment on my wording below? I want it as simple as possible.

 

1. I am the defendant named above.

2. I now know that the hearing in this case began on or about 22 October 2014.

3. I found out about the case on 8 July 2015 because:

a) I received an email on that date from a friend in Wolverhampton who had seen a letter from the DVLA to my UK address, and his email advised me of the letter.

b) I made enquires of the DVLA website and was shocked to find that I had been convicted of an MS90 offence – Failure to give information as to identity of driver etc. This was at Gateshead District Magistrates Court on 22 October 2014. (Case number -----------)

c) I have never received any correspondence from either Gateshead Magistrates Court or Northumbria Police Fixed Penalties Unit regarding this offence at any time.

d) I am in Thailand at the moment and communication is difficult. However, due to the stipulation that I make this declaration with 21 days of discovery of the conviction, I am anxious to resolve this issue quickly.

e) Since making telephone and email enquiries both of Gateshead Magistrates court and Northumbria Fixed penalties Unit, I was told that all correspondence was sent to my old Wolverhampton address which I moved from in 2004.

f) The address supplied was done so incorrectly due to a clerk at the car hire company referring to records relating to pre-2004.

g) No-one at the police or court checked my correct licence details to ensure I had not moved house before issuing the MS90 conviction

 

I'd be interested in your comments, but I think it says all it needs to say.

 

I intend to wait until this Thursday to see if the court get back to me and what they have to say. If it's still not resolved, then I shall book an appointment with the Embassy and do the Stat Dec next week. It will be late, but there is provision for that in the document and anyway, I can email it to the court first, saying it's following in the post.

 

Thanks gents, that was all very helpful.

[unclebulgaria67]

As long as it is being dealt with, then i see no problem. It is school holiday time in the UK at the moment, so with staff taking time off, then matters can take longer, so you might be watiting longer to hear back.

 

Once the statutory declaration is accepted, then it is just a case of paying the original fine. You may be able to do this online, once they have corrected the records.

[Mister Fixit]

Thanks for that - good point. I hadn't thought to see if I could pay the original fixed penalty online.

 

I'll call the police fixed penalty unit and see what they say. However, I think they'll just say 'it's with the court and not our job any more' ... And I don't really want to rock the boat, so I think best I keep quiet until they get back to me.

 

I thought schools didn't break up until the end of the month?

[unclebulgaria67]

The private schools break up in June and state schools this week i think. But you also have school leavers and colleges which finish earlier.

 

Just be patient and it should get resolved.

[Mister Fixit]

Ah, didn't think about private schools - and Unis wil be off by now too. I forget about school hols in the UK because here, schools start in Mid-May and go all the way through until the end of September, no breaks. Then they have October off and start again in November, straight through again without breaks until late Feb. It's a horrendous schedule AND they start at 7.30 am too!

 

However, there are a LOT of days off - about 18 public and religious days off. Lots of Buddhist days, Thai new year in April for 3 days, and normal New Year another 2 or 3 days. King's birthday, Queen's birthday, so there are always some interruptions to the school year. No Christmas though ...

 

Patient? It's driving me nuts!

[Mister Fixit]

Someone over here suggested I removed item g) from my draft SD - fair enough. It probably wouldn't go down too well!

[Gick]

Whilst the details that you have posted in #4 cover the situation well, I think that you should revise point

 

d) to 'I live in Thailand with visits to the UK and have done so since 2004. Initially this was a short term contract which has been extended.(if applicable) '

 

In point g) You do not have the knowledge to state this in those words. Rather it would be better if you said something along the lines of ' When I moved in 2004 I complied with the requirements to notify DVLA of my change of address. This was an accommodation address with a relative, which subsequently changed, again notified to DVLA. My current licence will confirm that fact. It would appear that neither the police nor the court checked the details with DVLA, thus failing to correspond with me prior to issuing the MS90 conviction.'.

 

Good luck

[Mister Fixit]

Thanks for that, but seeing other posters comments, I have removed point g) because in hindsight I think it's a bit antagonistic and I want this out of my life, not made worse!

 

I can tell them the basics, that I entered Thailand last August 4th, was married on 30th January this year and am staying here whilst looking into a settlement visa for the UK for my wife, so that we can return permanently, but this is a protracted process and things happen slowly here.

 

Also, I have to be very careful with the DVLA because they may well say I am non-resident and grab my licence ...

 

Edit - I have had second thoughts and slightly modified your suggested point g) to the following -

 

g) Each time I have moved my address since 2004, I complied with the requirements to notify DVLA of my address change. Firstly this was with a relative, which subsequently changed. On another change, again I notified the DVLA. My current licence will confirm that fact. It seems that neither the police nor the court checked the details with DVLA, correspondence thus going to the wrong address and hence failing to correspond with me prior to issuing the MS90 conviction.

[Mister Fixit]

SUCCESS! Posters elsewhere were right all along and I have now had the court email me as follows - note that they will accept a scanned copy of the SD but I will still post it to them by normal mail.

 

My appointment at the Embassy isn't until 22nd July (my mum's 97th birthday too), but because they'll allow a scanned copy, I'll be within the time limit of 21 days which expires on 29 July.

 

I'll re-write the draft and put it up here if anyone would care to comment. I assume it will be better to use my UK address, so as not to confuse things, or should I use both Thai and UK addresses? I suspect the UK address would be better so the police can at least send the NIP to the proper place this time!

 

I can't fault the help I've had from the court now they know I can do an SD abroad. Really nice gesture, the lady suggesting we can just email to save the costs of phoning. Most places don't often reply to emails - such as my damn bank!

 

Many thanks, yet again, to all. Email from court follows -

 

 

Good Afternoon

 

As per our telephone conversation. I can confirm that you can make a Statutory declaration the embassy at your convenience as you have stated that the hire company provided the wrong information to the police when they completed the Police Information Notice, therefore you were unaware of the proceedings brought before Gateshead Magistrates on 20th May 2015 (offence date 22.10.14 DVLA offence code MS90). Could I please ask that that you send a copy of completed statutory declaration via scanned means so we can action accordingly within our department. This will ensure that penalty points and financial impositions are removed as soon as possible if the Statutory Declaration is made.

 

If I can be of any further assistance in this matter feel free to contact me via email as I am aware of the high costs you will be incurring whilst calling from Thailand.

 

Regards

 

Lxxxxx Mxxxxxx

Administration Officer