HELP MS90 😫 £660 6 points

Mr_v

Hi everyone,
Iv just checked my online driving licence details and noticed I have a MS90 conviction with £660 fine and 6 points.
Background, we moved house last year and silly me forgot to change the v5 document on my car. We were renovating the new house so completely forgot to do this. The offence took place in November 2018, and it seems it was my partner who was driving my car but hopefully will get more details from the DVLA (will they provide more details or do I need to contact the court?).
I’m sure this query has come up before but just wanted some update knowledge on what I should do next or any advice would be greatly appreciated. Really stressing about all this. Can’t believe I made a silly mistake and it’s going to cost me so much. 😔😔

DUTR

Mr_v wrote: »

Hi everyone,
Iv just checked my online driving licence details and noticed I have a MS90 conviction with £660 fine and 6 points.
Background, we moved house last year and silly me forgot to change the v5 document on my car. We were renovating the new house so completely forgot to do this. The offence took place in November 2018, and it seems it was my partner who was driving my car but hopefully will get more details from the DVLA (will they provide more details or do I need to contact the court?).
I’m sure this query has come up before but just wanted some update knowledge on what I should do next or any advice would be greatly appreciated. Really stressing about all this. Can’t believe I made a silly mistake and it’s going to cost me so much. 😔😔

Get someone pregnant that you are not in love with or they with you and you'll know about silly mistake costing so much.


As you have discovered, failing to notify can be worse than taking the conviction.
Also moving house you could have got the mail redirected.

Mercdriver

You can get a statutory declaration done at the court or at a commissioner of oaths since you were unaware of the prosecution. This is usually easier if the registered keeper is the driver, as you can do a deal on the fail to furnish.

Get thee to pepipoo.com, who can advise on best next steps. You don't have long as you have a limited amout of time once you are aware.

AdrianC

You didn't get the MS90 for failing to change the address.
You got the MS90 for failing to respond to an s172 request to identify who was driving when an offence (speeding?) was committed. You didn't respond because you hadn't changed the address...

TadleyBaggie

The usual route for this type of issue is to do the StatDec and see what charges are made on the new summons. If they have dual charged (i.e. the original speeding offence and the failing to furnish) then ask the prosecution on the day of the hearing to drop the FtF in return for a guilty plea to the speeding.

However since the OP states that he (and is presumably the RK) was not the driver, pleading guilty to an offence they didn't commit isn't an option. This leaves them with defending the FtF, which frankly will be hard based on their inactions. Pleading guilty to the FtF will still see 6 points but a 33% reduction in the fine should be applied.

soolin

Mercdriver wrote: »

You can get a statutory declaration done at the court or at a commissioner of oaths since you were unaware of the prosecution. This is usually easier if the registered keeper is the driver, as you can do a deal on the fail to furnish.

Get thee to pepipoo.com, who can advise on best next steps. You don't have long as you have a limited amout of time once you are aware.

I echo the suggestion to go to

http://forums.pepipoo.com

Don't register with a hotmail address as the system doesn't like it. As stated previously though you are unlikely to be able to lose the 6 points as you have no defence.

The other thing to consider urgently is notifying your insurance company , the 6 points you have could make a difference in your insurance quotes so check your policy and see when it needs to be, or should have been declared.

Mr_v

Thank you guys for all your responses.

I have been in contact with the court and have a date next month.

Just to clarify; I won’t be able to plead not guilty on the S172? I know it sounds cliche but it was genuine mistake, with all the problems going on in my life at the time and stress of moving town I had forgotten to update the V5 document. Could I not just plea with them and give my reasons why It ended up like this?

soolin

Mr_v wrote: »

Thank you guys for all your responses.

I have been in contact with the court and have a date next month.

Just to clarify; I won’t be able to plead not guilty on the S172? I know it sounds cliche but it was genuine mistake, with all the problems going on in my life at the time and stress of moving town I had forgotten to update the V5 document. Could I not just plea with them and give my reasons why It ended up like this?

No, the offence was absolute - you either named the driver or didn't , the fact that you had the wrong address is immaterial. Due to the length of time that has elapsed and the fact that you were not driving you have nothing to,plea bargain with.

By all means try the site mentioned above though as at the very least they can take a second look and make suggestions , and also talk you through the statutory declaration.

Mercdriver

If you had submitted the change of address and DVLA had not actioned it, then you would have had a defence, since you could not with due diligence have been able to reply to a notice you had not seen. As the error is of your own making, you do not have this avenue open to you. Had you been driving, you could have done a plea bargain to ask them to drop the MS90 if you accepted the speeding conviction. I am not suggesting you will, but don't be tempted to state you were driving to achieve this, unless you like soap on a rope.

The unfortunate thing is that MS90 is a code that insurers rack up the premiums for as they wonder what was so serious that you 'decided' not to name the driver. It is how some drivers have got off serious accidents in the past.

TadleyBaggie

soolin wrote: »

No, the offence was absolute

Not true, for a FtF charge there is a statutory defence.

AdrianC

Mr_v wrote: »

Just to clarify; I won’t be able to plead not guilty on the S172? I know it sounds cliche but it was genuine mistake, with all the problems going on in my life at the time and stress of moving town I had forgotten to update the V5 document. Could I not just plea with them and give my reasons why It ended up like this?

As registered keeper of a motor vehicle, you have a legal duty to keep the contact details up to date.

There were two ways you could have done that in the short term around your move - specifically, by changing the V5C, or generically, by forwarding your post.

You failed to do either.
If you had, you'd have been able to fulfil your specific legal duty to identify the driver, as requested in the s172 sent to the V5C address.
You didn't, so you are guilty of an offence. "I failed to fulfil a different legal requirement" is not an acceptable defence.