marstons :unknown - speeding ticket iCheshire ian 2017 - did update DVLA, Did send Stat dec?? - help!

[MaggieFong]

Hello. I received a letter from Marston Group in January 2018, saying I have outstanding amount that needs to be paid to Court.

 

 

I made enquiry with them.

I was informed I committed a traffic offence in Cheshire in January 2017, and I did not reply to any paperwork posted to me nor attend any Court hearing. I asked them which address did the prosecution post the paperwork to, they gave me an address that I lived in 3 years ago.

 

I update my address with DVLA every time when I move house.

This is clearly the prosecution’s fault of not updating their system.

 

 

After delays caused by different departments, I finally made a statutory declaration in Magiatrates Court in June 2018, saying I did not receive any paperwork from prosecution in relation to the offence they were taking about.

I was given a copy of my statutory declaration and a copy of the offence details on the day.

 

 

I now receive a letter from Court, informing me a new trial date.

The offences they were charging me are as follows:

1. Drove exceeding the speeding limit

2. Failed to give information relating to the identification of the driver.

 

 

As you can see, I did not intend not to attend Court hearing previously.

 

What is the likely outcome of my new trial?

Edited June 17, 2018 by Mr.P
Fix a couple of typos & year.

[dx100uk]

why didn't you inform them who the driver was?

[dx100uk]

moved to bailiffs forum and retitled

[MaggieFong]

I did not receive any paperwork from prosecution until I received a letter from Marston Group in January 2018 chasing me the outstanding balance. I then asked them for my offence details, I was only informed about my speeding offence, nothing about identification of driver.

[mariner51]

What do you think your 2) relates to?

It is not CPS fault, they can only rely on Council VRN info, supplied by DVLA, which suggests you have not updated your V5c address for 3 years (not DL address).

If you approach Prosecutor, on day but prior to your Hearing, he may be prepared to drop the nasty FTF, if you plead guilty to the lesser charge of exceeding the speed limit.

[Bailiff Advice]

Hello.

 

After delays caused by different departments, I finally made a statutory declaration in Magiatrates Court in June 2018, saying I did not receive any paperwork from prosecution in relation to the offence they were taking about.

 

I was given a copy of my statutory declaration and a copy of the offence details on the day.

 

I now receive a letter from Court, informing me a new trial date. The offences they were charging me are as follows:

1. Drove exceeding the speeding limit

2. Failed to give information relating to the identification of the driver.

 

As you can see, I did not intend not to attend Court hearing previously. What is the likely outcome of my new trial?

 

At the statutory declaration hearing you should have been given the opportunity of pleading guilty or not guilty to the offence. Were you advised that the offence could be heard again that day (the procedure is outlined in the following thread of mine)

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?485349-Magistrates-Court-fines...Section-14-Statutory-Declaration...do-I-need-to-attend-court-in-person

 

In answer to your question regarding the outcome of the new trial, a lot depends on the speed that you were caught travelling and the type of road. You mention that you were given a copy of the 'offence details' on the day of the Statutory Declaration appointment. It's a shame that you did not obtain a copy of the Memorandum before the hearing.

 

The offence details would have also stated the date when you were caught exceeding the speed limit. You need to check your V5C (Log Book) to see the date when DVLA update their records. On the V5C, turn to page two and the date will be in the small box at the left hand side at the very bottom of the page.

 

What speed were you driving?

What type of road?

 

PS: The charge of failing to provide driver ID will be dropped at trial.

[sgtbush]

I dont want to throw in a curve ball but...

 

The failing to give info should be dropped.. But it possibly might not be.

 

Speeding is what the courts decide.

 

If all this has been caused by not updating the V5c, the dvla COULD open a can of worms by going down the route that I quite clearly stated on the v5c of a fine up to 1000 by failing to update info.

The charge is failing to notify the secretary of state a change in circumstance.