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MS90- How do I provide the drivers name to have this removed


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Hi Guys, I had a rental car taken out on my name along with a friend as a second driver. While he had the vehicle he got caught speeding by a camera. I was away for work and during my absence all the letters where given to him to fill out his details and return. I’ve returned home now and received two days a court letter advising me that I’ve been given 6points for a MS90 and a fine. I’ve spoken to my friend who said he did send the letters off. How can I go to resolve this and provide the correct details of the driver and have these points and fine removed from myself. Thanks. 

Edited by TyreMan
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First of all you need to perform a “Statutory Declaration” (SD) to say you knew nothing of the proceedings that led to your conviction (which I assume you didn't). You can do this at your local Magistrates’ Court or before a solicitor (who may charge a small fee). It must be done within 21 days of you learning of your conviction.

This will have the effect of nullifying your conviction. However, proceedings will begin again against you which you will have to defend. What were these “letters” that you refer to? Who were they addressed to and where? Who gave them to your friend?

 

 

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36 minutes ago, Man in the middle said:

First of all you need to perform a “Statutory Declaration” (SD) to say you knew nothing of the proceedings that led to your conviction (which I assume you didn't). You can do this at your local Magistrates’ Court or before a solicitor (who may charge a small fee). It must be done within 21 days of you learning of your conviction.

This will have the effect of nullifying your conviction. However, proceedings will begin again against you which you will have to defend. What were these “letters” that you refer to? Who were they addressed to and where? Who gave them to your friend?

 

 

Hi Mate the first letter was the actual letter you receive when getting caught by a camera. The second was a final warning letter and the third was from a court asking for a plea. My dad whose old opened the letters while I was away and told me. I told him to give them to my friend as my dads not very fluent in English and would have problems filling out the forms himself. 

The rental car was on my name so the fine came addressed to me to my address. My friend was driving the vehicle at the time when he got caught for speeding. My dad gave him the letters everytime they came and he says he posted them off with his details. However they’ve not got there and I’ve received the points and fine two days ago. 

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Then you have a bit of a problem.

You cannot perform a Statutory Declaration because you knew of the proceedings against you ("My dad whose old opened the letters while I was away and told me.").

The Request for driver's details (the first letter that was sent) would have been headed "do not pass this on to anybody else to complete". Unfortunately it was passed on, not completed by you and that's where the problem stems from. I'm not entirely sure how you can proceed here. You could argue that you were unable to respond since you were away and did not receive the notice. However, you did know of its existence and unfortunately left it to somebody else to deal with. I think it could be argued against you that you did not deal with the matter as you should have and your conviction resulted entirely because of that.

I suggest you post your problem on Pepipoo:

http://www.pepipoo.com/

There are a number of experts who respond on there who may have some ideas. I believe the only avenues you have are either to appeal to the Crown Court or ask the Magistrates' Court to re-open the matter in the interests of justice." The problem is, I don't see that you have much of a defence.

 

 

 

 

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Yes as I was away and because my dad didn’t understand what the letters meant  I had him give them to the friend to deal with. Otherwise they would have been left until I got back. Plus i had them given directly to the friend as he was the driver. I appreciate your help though hopefully someone on the other side has some suggestions. Thank you

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