MS90 Advice Please

Andypat

I received a letter from the DVLA on the 9/04/16 informing me of a fixed penalty notice that was being applied to my licence by Lancashire County Court. Conviction date 04/04/16.

This is due to the fact that I updated my licence when I moved in April 2015 but did not update my vehicle registration address.

I have since found out I was caught speeding in September 2015 and due to no response from the correspondence sent to my old address I have been convicted in my absence of an MS90.

When I telephoned to find out what I should do I was advised to attend my local magistrates court (Bolton) to do a Statutory Declaration.

I did this today (15/04/16) but what I was not expecting was immediately after the declaration I was forced to declare myself guilty or not guilty of the MS90. I was told if I pleaded guilty I would keep the points but they could review the fine but as I wanted to explore the option of taking the original speeding offence the only way this could be done was to plead not guilty and attend the original Magistrates court (Chorley) later this month (27/04/16).

Therefore I pleaded not guilty which they did not seem impressed with.

My questions - Have I done the right hing in pleading not guilty? Will I now be able to request that I plead guilty to the original speeding offence in return for dropping the MS90 when I attend court in Chorley ? If so do I just need to speak to the prosecutors etc on the day in Chorley or do I need to do anything in advance?

Any help, advice or recent examples with outcome would be greatly appreciated.

Thanks in Advance

bod1467

http://forums.pepipoo.com/index.php?showforum=5

Rover_Driver

Andypat wrote: »

I did this today (15/04/16) but what I was not expecting was immediately after the declaration I was forced to declare myself guilty or not guilty of the MS90.

That is the problem with some courts, if a Statutory Declaration is made that you did not know of the proceedings - s.14 Magistrates Courts Act 1980 - the original summons and subsequent proceedings shall be void, and the matter returned to the prosecution to start again.


Some courts incorrectly treat that Statutory Declaration as a request to re-open a case - s.142 of the same act, and ask for a plea.

Coupon-mad

My questions - Have I done the right hing in pleading not guilty? Will I now be able to request that I plead guilty to the original speeding offence in return for dropping the MS90 when I attend court in Chorley ?

Not sure if you can plead guilty now. Speeding fines can be beaten but it's not easy and is a situation where you would need to be very clear of your ground and not just hoping that it will 'all be explored' in court. More likely I expect they'd hear the Police case, be impressed with that, then want to hear why you say you are not guilty - and you don't seem sure!

http://forums.pepipoo.com/index.php?showforum=5

Post there and they will help and they will answer your questions. Pepipoo are the experts, we are almost all 'parking law only' people.

Rover_Driver wrote: »

That is the problem with some courts, if a Statutory Declaration is made that you did not know of the proceedings - s.14 Magistrates Courts Act 1980 - the original summons and subsequent proceedings shall be void, and the matter returned to the prosecution to start again.

Some courts incorrectly treat that Statutory Declaration as a request to re-open a case - s.142 of the same act, and ask for a plea.

Seems the OP has been treated unfairly and has no idea about the situation and had no opportunity to see any evidence and just has to rock up and defend something he can't research beforehand with any knowledge. Hope pepipoo can help him see the wood for the trees.