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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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On February 2nd 2015 i was driving along A4 on dual carriage

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On February 2nd 2015 i was driving along A4 on dual carriage way. Was some road work going at that time and the speed was restricted to 30 instead of 40 ph for few yards. Was late evening and the I driving with my two little toddler, doing my heading by crying, I remember I was driving no more than 35ph when the speed cam did flash twice. I moved to my new address in June last but did not change the address at my driving licence and at my log book. I had a feeling that I will get a fine for speeding so 2 days later I sent my driving licence to change the address and I receive my new driving licence with new address few weeks later. I change my log book address at the end of March . Yesterday I received a letter from DVLA sent me a letter saying that I have not attended court on 15/04/15 for a driving offence and they asking me to send my driving licence my counterpart to deduct 6 points. I called the magistrate court and they told me that I have committed a driving offence and I have to pay £660 fine, I explained to them that I have changed my home address and I never received any letter they told me to contact my local magistrate court and to make statutory declaration . What does statutory declaration mean and will they consider my change of address. Looking forward to hear from you.
Kind Regards
Altini
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How many points did you have put on please?
Customer: replied 2 years ago.

I have 12 on my licience

Customer: replied 2 years ago.

I have 12 points on my licience

Expert:  Ash replied 2 years ago.
Ok. You need to make an appointment to go to your local court asap and make a statutory declaration. This is where you swear on oath you don't know about the proceedings until now. If accepted then he conviction and points are set aside. That means you won't have the points.
It does allow the police to start the prosecution again if they wish but you won't have points. However if you are found to lying then this is contempt of court. But if u didn't know anything then make the stat see and the process is void.
Can I clarify anything for you?
Alex
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
A statutory declaration is a swearing on oath. The advantage being that the conviction will be set aside if accepted. The disadvantage being that it will probably displease the police and they may investigate this and bring charges of perverting or perjury. It is not a contempt of court in fact. That arises when you disobey the order of the court. When a person lies on oath that is perverting and people go to prison for that.
You do also have the option to appeal to the Crown Court if a statutory declaration fails which might happen since it arose because didn't update the DVLA.
It is not quite that simple though.
Do you mean that you have 12 points inclusive of the 6 that are added with this conviction?
If so, do not drive until this matter is resolved because you would have been disqualified.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience: Over 5 years in practice
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