I'm being asked to pay a fine after 5 years when I

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Mon 2 Aug 2010 11:43
I'm being asked to pay a fine after 5 years when I - Bebedriver

Hi, I was recently contacted by a fines unit for failure to pay a £300 fine, levied in May 2005. This was a fine for failing to supply driver information. I knew nothing about this offence, never even received the original request for information let alone knew I had been summonsed.

I have written to the court and they say I must make a Statutory Declaration. My question is:

Should I do this? I certainly couldn't say anyone in particular was driving my car back in 2005 on any day! Are the CPS likely to resurrect the case under these circumstances as it would seem that it is unreasonable to expect anyone to be able to remember reliably a single day 5 or more years ago? What should I do? I have to either make a Statutory Declaration or pay £300 by August 20th. The chance I take with the Stat Dec is that I get summonsed to court I suppose, but what are the chances of the CPS doing that given the time lapse (bear in mind May 2005 was the judgement date, not the date of the initial request for information (I have no idea when that occurred).

Informed opinion please! Thanks.

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Mon 2 Aug 2010 16:12
I'm being asked to pay a fine after 5 years when I - Dwight Van Driver

The effect of the statutory declaration will be to nulify the proceedings that led to the fine.

Which leaves them, should they so desire, to again institute proceedings again for failing to declare details of driver. i.e. back to square one. Whilst there is a limitation on proceedings for this offence of 6 months it is obvious the information was laid within the 6 months so summons can again be issued.

Whilst I would doubt after this length of time they would proceed, who knows, but if a Court case was convened then there is bags of mitigation for a Not Guiltty plea.

Don't delay regarding the Declaration, if that is the path you chose, as it expires 21 days after you became aware of the proceedings.

dvd

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Mon 2 Aug 2010 17:15
I'm being asked to pay a fine after 5 years when I - Bebedriver

Yes thanks for confirming pretty much what I thought. I had in fact moved during this period and I imagine the request for information and any subsequent summonse went to the old address. I had separated from my partner at that point and I haven't a clue what happened to the paperwork as I also moved a couple of times in short order.

I might as well try and save myself £300 as long as I don't end up paying the new tarif!

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