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#Post#: 114768--------------------------------------------------
Advice on Statutory declaration hearing (SJP-NIP/S172)
DIR By: WillFrank
Date: March 29, 2026, 12:59 pm
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Back in November My employer informed me they had received a
attachment of earning order for £1,014 from 'Avon and Somerset
Compliance and Enforcement.
Following a number of enquiries I became aware that I conviction
and fine for 'Fail to give information relating to the
identification of the driver/rider of a vehicle when required'
on the 24th of November by phone HMCTS | Courts & Tribunal
Service Centre. They also provided me with the original SJP from
the 14/01/2025.
This made claims of an offence of speeding on the 17/07/2024
recorded by an enforcement officer and advises a NIP was sent on
the 19/07/2024 and a reminder sent on the 09/08/2024 with no
response received.
(none of these had been received by me at the address listed
which was correct at the time)
After apparently being directed to the wrong link to complete or
start a statutory deceleration online
[
HTML https://options-after-magistrates-court-decision.form.service.justice.gov.uk
]
by 'HMCTS | Courts & Tribunal Service Centre' I was directed to
[
HTML https://review-magistrates-court-decision.form.service.justice.gov.uk/]<br
/>by the SJS. I completed both advising that this was the first
I
was aware of the issue and as such was ignorant of the
proceedings. I also contacted Avon and Somerset Compliance &
Enforcement regarding the fine to advise I had submitted this
request for a statutory declaration and they advised they would
proceed with taking the fine out of my earnings and I would be
able to apply for a refund if the SD results in the fine being
changed or revoked.
I received an email with the topic - 'STATUTORY DECLERATION'
along with my case number and details and date for a hearing and
details for connecting to an online hearing and further
instructions. It wasn't clear to me from this if this hearing
was to make a statutory declaration or a hearing for the
original offense (as in the information I had provided I advised
I would be willing to plead guilty to the original speeding
offence and not the failure to give info) and so I contacted HMN
CTS asking for clarification they essentially said I would
received more information by post and that the hearing was in
person as they could see a room booking.
Following this I've not received any further post (although this
whole ordeal has given me much trust in my local postal service)
but have received a further email reminder for the hearing
advising that it is a remote hearing and referring to it as a
statutory declaration/reopening hearing and not to attend the
court.
Has anyone had any experience of this process and how it works?
Will I still have an opportunity to speak to the prosecutor
before the hearing starts and ask to plead to the original
offence (and if so how will this happen with it being remote?)
Also if I am able to plead to the original offence would the
fine be likely to be reduced and how long would it take to get
back any difference?
Any advice much appreciated.
#Post#: 114771--------------------------------------------------
Re: Advice on Statutory declaration hearing (SJP-NIP/S172)
DIR By: andy_foster
Date: March 29, 2026, 1:27 pm
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So, you have received contradictory information from the court
and want us to tell you what will happen?
As a general rule, anything in writing ought to take precedence
over anything said verbally - so it sounds like it will be a
virtual hearing. Unless the bench decide to take a tea break
between the session starting and the hearing starting, I can't
see how there would be an opportunity to have a quiet chat with
the prosecutor outside of the hearing.
#Post#: 114775--------------------------------------------------
Re: Advice on Statutory declaration hearing (SJP-NIP/S172)
DIR By: WillFrank
Date: March 29, 2026, 2:10 pm
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I'm more seeking advice on navigating the online hearing as
previous advice I had read focused on in person hearing where it
was possible to speak to the prosecutor in advance.
At this point I'm assuming the information given by phone was
incorrect given the more recent email confirms what was said by
the previous one.
In the online form I selected 'no' to the did I commit the
offence (the fail to give information) and did not answer to the
2nd offence as it said optional. In the section 'Is there
anything you want to add about the circumstances of the
offence?' I answered 'As I did not receive any letters regarding
charge of fail to provide drivers details and court case I am
willing to plead guilty to the charge of speeding provided, and
only provided, the “fail to provide driver’s details” charge is
dropped'
#Post#: 114784--------------------------------------------------
Re: Advice on Statutory declaration hearing (SJP-NIP/S172)
DIR By: NewJudge
Date: March 29, 2026, 5:09 pm
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At your online hearing make your Statutory Declaration and when
the two offences are put to you, make your offer.
If it is declined your case will be put over for trial where you
will have to attend in person. Then you can see the prosecutor
and make your offer.
--- Quote ---
> In the online form I selected 'no' to the did I commit the
offence (the fail to give information)…
--- End Quote ---
The problem is you did commit the offence as you failed to
respond to the request. You have a statutory defence to the
charge provided by RTA s172(7)(b) in that it was not reasonably
practical for you to respond (because you didn’t received
it).The police have only to satisfy the court that the request
was posted to your last known address and it is assumed served
unless you can convince the court that it was not. The only
evidence you have to support that is your own testimony.
Hopefully your offer will be accepted, and it won’t come to
that.
#Post#: 114788--------------------------------------------------
Re: Advice on Statutory declaration hearing (SJP-NIP/S172)
DIR By: andy_foster
Date: March 29, 2026, 6:18 pm
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--- Quote from: NewJudge link ---
>
> [quote]In the online form I selected 'no' to the did I commit
the offence (the fail to give information)…
--- End Quote ---
[/quote]
If the form actually said that, I would suggest that it is
unlawful. The accused has a constitutional right to plead not
guilty - the question should be do you intend to plead guilty or
not guilty, not "did you do it?"
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