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Speeding Fine - Found Guilty in absence (didn't Update DVLA) - Fine paid, now statutory declaration hearing - **RESOLVED**


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Hi,

 

I moved address in March last year and didn't update my driving license for a few months (doh!).

 

In that time i was caught speeding by a mobile camera (35 in a 30), and didn't receive any of the letters due to my address not being correct. I found out about this via an AOE from my employers and subsequently paid the £810 fine for fine (not declaring details) over the next 3 months. 

 

I applied straight away for a SD, this was Nov 2020 and just found out it will take place next week, Covid has caused a massive backlog! The email says the purpose of this hearing is to plead to the original offence.

 

I guess my question is,

will i be able to reclaim the original fine that I've paid and reduce my penalty points from 6 to 3 on my license. I was driving the car so no excuses, will plead guilty. 

 

I understand that i will have to pay a Band A fine most likely as a result of the original offence, but obviously don't want to be out of pocket twice!

 

Thanks

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  • dx100uk changed the title to Speeding Fine - Found Guilty in absence (didn't Update DVLA) - Fine paid, now statutory declaration hearing

have a read of a few speeding threads in this forum yours is in

 

inc:

Failure to provide driver’s details and Summons -Court Trial - Speeding and Motoring Offences - Consumer Action Group

particularly man in the middle replies like:^^^

which outlines what might happen

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Before you worry about fines and refunds you need to understand where you are at present.

 

You have been convicted for “Failing to Provide Driver’s Details” (FtP). When you make your SD this is the conviction that will be set aside. That will eradicate the six points you have on your driving record and it should see a rebate of the fine/costs etc. that were paid.

 

The e-mail you have received is not quite correct. The purpose of the hearing is for you to make your SD. You will almost certainly be asked to enter a plea following that but whether it is to the original offence (speeding) depends. Only if you were “dual charged” with both speeding and FtP will this be straightforward.

 

Let’s assume that you were dual charged (most people are). If that’s the case, when asked for your pleas you should say that you are Not Guilty to both charges but will plead guilty to speeding if, and only if the FtP charge is dropped.

 

This is a perfectly straightforward “deal” carried out up and down the land every day and all court users will be familiar with it. The reason it works is that you cannot, as it stands, be convicted of speeding as they have no evidence that you were driving. That comes when you respond to the request for driver’s details (which of course, you did not do).

 

The prosecution is almost always willing to accept the offer you will make. Provided they are satisfied that you are not trying to evade justice they have no interest in prosecuting you for what is, in your case, an administrative oversight.

 

You don’t say whether your hearing is “live” or by telephone. If it is live you should try to see the prosecutor before you are called into court and make your offer. If you cannot see the prosecutor, or your hearing is by phone, simply make your offer when you are asked to enter your pleas.

 

If you have not been dual charged the situation is more tricky. Strictly speaking it is too late to raise a speeding charge now (it must be raised within six months of the original offence). But a sympathetic prosecutor (assisted by a compliant court) may do so. If that cannot be done you may have a defence to the FtP charge.

 

Although it was your fault that you could not be contacted, there is some case law which provides for a defence, but it is not guaranteed to work. Hopefully you will have been dual charged and the offer you make will be accepted. What you should remember is that under no circumstances should you plead guilty to either charge until you have an assurance that the FtP charge is dropped.

 

You mention that you believe you will have to pay a “Band A” fine so presumably you have checked that the alleged speed and limit is within that guideline. A Band A fine is half a week’s net income. It will be reduced by a third for your guilty plea. You will also pay a “Victim Surcharge” of 10% of the fine (minimum £34) and £85 costs.

 

Le me now if you need any other info.

 

With any luck

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Thank you for your thorough reply!

I guess i got things slightly wrong in my OP, I actually made a SD at a solicitors and sent to the court recorded back in November last year, straight after i found out about the fine.  therefore i assume my case on Monday is for the original offence,

 

I've just emailed and asked to find out what the charges are and will keep fingers crossed that its dual charges and will follow all the advice set out.... just need to remember not guilty until S172 dropped.

 

The case is in person not over the phone, is at 10am so will get there at 9 to seek out the prosecutor.

 

Again, thanks for your time

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Posted (edited)

I am sure that Man in the Middle will respond shortly, but in the meantime, the statutory declaration that you made at the solicitors merely informs the court that as you did not receive the S172 papers and summons to court, you did not have the opportunity to defend yourself.

 

The hearing next week is to determine whether the clock should be turned back (conviction set aside) and how to proceed with the offence/offences, in light of your statutory declaration.

Edited by Gick

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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but in the meantime, the statutory declaration that you made at the solicitors merely informs the court that as you did not receive the S172 papers and summons to court,…

 

 

Quote

The hearing next week is to determine whether the clock should be turned back (conviction set aside)...

 

Just a couple of slight (but important) corrections.

 

The SD was to swear that he was not aware of the proceedings against him that led to the conviction. It is silent on matters relating to the S172 request.

 

There is no discretion for the court not to set aside the conviction. The SD has been sworn and (presumably) received there. There is no enquiry, either by the person hearing the SD or the court which has received it, into its veracity.

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Thanks all for the advice, I've receive some info from the court this morning and looks like good news in that i appear to be dual charged, from the court,

 

Fail to give information relating to the
identification of the driver / rider of a vehicle
when required


Exceed 30 mph speed limit in contravention of
a Local Traffic Order - manned equipment

 

So fingers crossed all goes ok om Monday

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Quick update in case its helpful to anyone in the future.  

Covid made things a little different i think, there was no prosecutor to talk to however the legal advisor to the magistrates was helpful and happy to make the decision to do the deal, this took place in the courtroom, although i had spoken to someone (i think an advocate) half an hour before who had made them aware of what i was asking.

All was relatively pain free and ended up with a £3xx fine rather than the £8xx, and 3 points rather than 6.

 

Thanks for all your help MITM

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  • honeybee13 changed the title to Speeding Fine - Found Guilty in absence (didn't Update DVLA) - Fine paid, now statutory declaration hearing - **RESOLVED**

well done 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Excellent news. Thanks for letting us know. The procedures adopted across the country do vary a bit from place to place at present but the principle is the same. The "advocate" you spoke to was probably the prosecutor. But it doesn't matter - whoever it was you got the right result!

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On 03/03/2021 at 13:30, Magicratxx said:

Hi,

 

I moved address in March last year and didn't update my driving license for a few months (doh!).

 

In that time i was caught speeding by a mobile camera (35 in a 30), and didn't receive any of the letters due to my address not being correct. ...

 

 

I'm not sure if anybody else has mentioned this (I don't think they have) but the reason you did not receive anything won't be to do with your licence address, but because you have not updated your address on your V5C document.  Used to be known as the "logbook".

 

If you haven't updated the V5C address with DVLA, you run the risk of this happening again.  (DVLA cannot link licence addresses and V5C addresses).

 

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