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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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There, my wife had to go to magistrates court today

Customer Question

hi there,
my wife had to go to magistrates court today to give a statutory declaration as she received a letter with 6 points and a £600 fine for failing to disclose who was driving her vehical at time of offence! we did not receive any letters prior to the one from court saying she had been given the points ect so we had no clue that we had even been caught speeding in the first place hense why she went to court to make the declaration in the first place, the magistrates had the option to leave the six points and fine or amend it to a smaller fine ect but she came out of court in tears as the magistrates decided to take it to a trial in july!
my wife believes this is because they don't believe her that she hasn't received any of the 3 letters sent prior, and that shes going to be in an even worse situation with a bigger fine and even face prison for perjury!
Q1 - why would they take this to trial if they believed her statutory declaration?
Q2 - what are the likely outcomes of a trial in this case?
Q3 - do we need to get ourselves a solicitor?
so my question is wh
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
1 Probably because they didn't believe it. They are not determining the same test. The stat dec is just a means of reopening a hearing. It doesn't deal with the issues within the hearing.
2 It is impossible to say in this forum really. However, it is going to be a task to convince them that all three letters did not reach her. We do have problems with the post in the UK but, by and large, our postal service is fairly reliable. It is rare that three requests from the same sources all went missing unless there is some issue with your post.
3 On the whole solicitors do help. They do rack up costs as well and you need to be aware of that. You won't get legal aid so it would be a case of paying privately or self representing.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

right ok so a trial after a statutory declaration is common then I assume, but we are right to be concerned about the seriousness ie, we could end up a lot worse off by not just accepting the six points and £600 fine if they believe she is lying ? evn though as she actually is telling the truth this seemed to be the best way forward for us but has actually caused us amuch bigger headache and possibly more costs

Expert:  Jo C. replied 2 years ago.
It is not particularly common but it can happen.
Yes, absolutely you are right. Filing a false statutory declaration is perjury and people go to prison for that on first offences whatever the mitigation.
If the state dec is true though that does arise.

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