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DIR Return to: Speeding and other criminal offences
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#Post#: 69977--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 4, 2025, 12:35 pm
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Thank you for the response. I’ll have to see if I can amend the
form then otherwise I’m scuppered.
#Post#: 69979--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: ManxTom
Date: May 4, 2025, 1:33 pm
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--- Quote from: Richduc link ---
>
> Thank you for the response. I’ll have to see if I can amend
the form then otherwise I’m scuppered.
>
--- End Quote ---
What exactly is this online form called? It can't be a stat dec
itself because you have to swear the SD in front of a
commissioner for oaths.
It sounds to me like it's a form they are using to collect
preliminary information prior to swearing the SD, but it doesn't
sound to be suitable for your situation. ie it's not just a
simple case of dealing with the failure to identify conviction
because you want the underlying speeding to be brought into the
process so you can do the deal
#Post#: 69980--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 4, 2025, 2:22 pm
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It’s an Options after a magistrates' court decision form and I’m
giving a statement of truth. It’s what the call centre told me
to do when I explained the situation and told me this would
reopen the case and allow me to go to court to hopefully get the
result under discussion.
#Post#: 69986--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: DWMB2
Date: May 4, 2025, 3:00 pm
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I've removed the image you attached - you may wish not to share
your full name, date of birth and National Insurance number on a
public forum.
#Post#: 69987--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: NewJudge
Date: May 4, 2025, 3:06 pm
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I suggest you take that document down as it contains your name,
DOB and NI number.
That form has nothing to do with a Stat Dec.
All the court needs to know is that you have been convicted of
an offence via proceedings of which you had no knowledge and
that you want to make a statutory declaration to have the
conviction removed.
I can see there being confusion with the term “original
offence”. Once the SD is done the niceties of that can be sorted
out and you can make your offer to plead guilty to the real
“original offence” provided the FtP is dropped.
#Post#: 70020--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 5, 2025, 4:22 am
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Thank you for removing the personal details. Remiss of me. Ok so
I’ll get this form cancelled and just fill in and submit an SD.
Although I’m now outside the 21 days…
#Post#: 70038--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: ManxTom
Date: May 5, 2025, 6:32 am
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--- Quote from: Richduc link ---
>
> Thank you for removing the personal details. Remiss of me. Ok
so I’ll get this form cancelled and just fill in and submit an
SD. Although I’m now outside the 21 days…
>
--- End Quote ---
I'm still not sure what the purpose of the online form you've
completed is and whether it commits you to anything at this
point.
If you are now outside 21 days it might not be a good idea to
cancel it. Perhaps you should just sort out the "niceties"
later when you come to swear it - as suggested by
[member=97]NewJudge[/member].
Wait and see what they think
#Post#: 70044--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 5, 2025, 7:07 am
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Thanks for the reply. I think I’ll ring STS tomorrow and see if
I can sort this mess out!!
#Post#: 70210--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 6, 2025, 7:24 am
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Hi and thanks again for anyone reading.
I have spoken with STS this morning. So this web form they send
is now apparently in lieu of the SD form. It has options for
setting up fine payments as well as reopening other court
proceedings. Option 5 is for completing an SD (or the
equivalent) when you were unaware of proceedings. As I’m outside
the 21 days to keep things moving, I’m leaving my plea as guilty
to the original offence on the proviso the FTF is expunged
(although probably not ideal. I’ll follow up with an email to
them explaining my error but I don’t want to start again with a
new form - I can’t amend the one submitted. It can be up to six
months before I get a response from the courts apparently.. I’ll
keep you updated.
#Post#: 70220--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: andy_foster
Date: May 6, 2025, 8:19 am
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If a guilty plea is equivocal or condition, the court ought to
reject it and substitute a not guilty plea - unless of course
they accept the offer and do the deal.
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