DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Speeding and other criminal offences
*****************************************************
#Post#: 68022--------------------------------------------------
Further steps notice and statutory declaration help
DIR By: Richduc
Date: April 22, 2025, 5:58 am
---------------------------------------------------------
Hi there
Thank you for anyone taking the time to read and any responses.
I’ll keep it as brief as possible.
Received a further steps notice in April which by the time I got
it was over 10 days from the date of the notice. No mention of
offence but £1,024 fine.
Paid fine to ensure no further action.
Rang HMCTS and found out the original offence was for 34mph in a
20 zone, August 2024.
Checked driving licence and I now have 6 points for failing to
identify driver.
Have received info from the court for the original speeding
offence - Single justice procedure notice and a witness
statement.
Both dated November. I haven’t received the original NIP or
photo evidence - I need to contact the police if I want those.
Anyway, the reason for me not receiving anything before the FSN
was because I recently got divorced, had sold the family home
quite a while ago, had a breakdown, lost my job. Still not back
to work as I’m still suffering from stress and anxiety (not in
receipt of any benefits). I had neglected to change the V5 to my
new address. I’ve moved 3 times in the past 18 months since the
house was sold but v5 was still registered at the family home.
My life’s been in disarray. I know this isn’t an excuse but more
as to whether I should include this information on the statutory
declaration? Or will a brief ‘I neglected to change my address’
suffice and then explain further at court? I’m concerned I’ll
screw the form up. I’ve got to get it in in the next couple of
weeks to make the 21 day deadline from when I found out.
Does anyone have any suggestions as to best/worst case scenario
in court?
I’ve had a clean licence for many years (I’m 52).
Hope this makes sense and thanks for any help anyone can offer.
#Post#: 68036--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: RichardW
Date: April 22, 2025, 6:43 am
---------------------------------------------------------
In the SJPN were you dual charged for FTF and speeding? Were
you driving at the time of the offence?
#Post#: 68052--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: April 22, 2025, 7:23 am
---------------------------------------------------------
Hi Richard
So the SJPN is for speeding only.
The further steps letter which is the only correspondence I’ve
receives related to the fine (and points) for the FTF although
there’s no specific information presumably because this is a
chasing letter for non payment.
Hope this helps.
Thanks again.
Rich
#Post#: 68054--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: NewJudge
Date: April 22, 2025, 7:38 am
---------------------------------------------------------
--- Quote ---
> So the SJPN is for speeding only.
--- End Quote ---
You cannot be convicted of speeding as the police have no
evidence that you were driving. There must be (somewhere) a SJPN
which was sent to you, charging you with the FtP offence.
Anyway, first things first. You need to perform a statutory
declaration to have the FtP conviction expunged. That will be to
declare that you knew nothing of the proceedings that led to
your conviction. No reasoning or explanation is required.
If you make your SD in court, the charge(s) should be put to you
after it has been accepted. Provided you were the driver at the
time, you should plead Not Guilty to both, but offer to plead
guilty to speeding if, and only if, the FtP charge is dropped.
#Post#: 68077--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: April 22, 2025, 8:36 am
---------------------------------------------------------
Hi Newjudge and thanks for the response. Apologies for the
follow up.
So the SD is for the FTP only and I need to get the original
case number for this offence to put on the form? I only have the
case number of the speeding offence and an account number off
the Further steps notice which is what I used to pay the FTP
fine.
The form asks to briefly explain how I found out (about the FTP
not the speeding offence, I presume). So I should just say
‘received further steps notice at new address’?
Once I attend court, I offer to plead guilty to the speeding on
the proviso the FTP is expunged?
Sorry if I’m asking daft questions.
I would engage a solicitor to aid but have been quoted quite a
bit and my circumstances don’t quite allow such an outlay at the
moment.
Thanks again for any further advice.
Rich
#Post#: 68085--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: NewJudge
Date: April 22, 2025, 9:16 am
---------------------------------------------------------
--- Quote ---
> So the SD is for the FTP only…
--- End Quote ---
Yes because it is the only offence for which you were convicted.
--- Quote ---
> …and I need to get the original case number for this offence
to put on the form?
--- End Quote ---
Yes.
--- Quote ---
> So I should just say ‘received further steps notice at new
address’?
--- End Quote ---
Yes.
--- Quote ---
> Once I attend court, I offer to plead guilty to the speeding
on the proviso the FTP is expunged?
--- End Quote ---
You initially plead Not Guilty to both charges. Then, when given
the opportunity (which will probably come when you are asked the
reasons for your NG pleas) you make the offer to plead guilty to
speeding only if the FtP charge is dropped. You may be able to
see he prosecutor before you enter court to arrange this, but if
no, do it as I suggested.
--- Quote ---
> Sorry if I’m asking daft questions.
--- End Quote ---
Questions are not daft if you don't know the answers. Presumably
you came here to find out what you don't know.
--- Quote ---
> I would engage a solicitor...
--- End Quote ---
There is absolutely no need. This is a common procedure well
known to all court users (prosecutors, magistrates and their
legal advisors).
#Post#: 68086--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: April 22, 2025, 9:39 am
---------------------------------------------------------
Thank you so much. I can breathe a small sigh of relief. I’ll
still anticipate up to six points and a large fine. And maybe
claim back the original fine…I imagine I’m being a bit naive on
that one!
Thanks again for your time and assistance.
Rich
#Post#: 68102--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: NewJudge
Date: April 22, 2025, 11:37 am
---------------------------------------------------------
34mph in a 20 limit should see four or possibly five points and
a fine of a week's net income (reduced by a third for your
guilty plea). You will also pay a surcharge of 40% of the fine
and about £90 prosecution costs.
But the main advantage is that the endorsement code for speeding
is far less damaging o your insurance premiums than one for FtP.
Insurers really hate that code and it would see your premiums
increase considerably (perhaps double in the first year) for up
o five years.
#Post#: 68106--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: ManxTom
Date: April 22, 2025, 12:36 pm
---------------------------------------------------------
Apologies if I've missed it, but has the OP answered the second
part of the question put by [member=885]RichardW[/member] as to
whether he was the driver for the speeding charge?
#Post#: 68107--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: April 22, 2025, 12:41 pm
---------------------------------------------------------
Hi there
Yes I believe I was the driver and have requested evidence
although I’m led to believe there’s only a photo of the rear of
the car. And if, unlikely though it is, it turns out not to be
me, I’ll just have to accept the current situation.
So that will be a large sum I’ll have to find on top of what
I’ve already paid. Sheesh!
*****************************************************
Page 1 of 4
DIR Next Page