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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice.
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My mum moved address November 2013 whilst I was at

Customer Question

My mum moved address November 2013 whilst I was at University - I asked her to change my V5 which she confirmed she would do. Unfortunately, we had a call from our old next door neighbour who advised that the new owners of our house informed they had a speeding ticket.
My mum told me and I was understandably upset but she had just forgot with the stress of moving - She also had been driving my car so I will not be responsible for the penalty, although I may be penalised for not informing the courts of my change of address and from research, may obtain an MS90.
I found my V5 today in the attic and have already sent it off with an explanation. However, will I be able to apply for a statutory declaration as I did not know about the offence, nor would I have been responsible for the speeding offence. My mother has confirmed she will accept the points.
I am incredibly upset and hopefully you can put my mind at rest.
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
what has been the outcome of the speeding offence?
Customer: replied 2 years ago.
We haven't received the speeding fine as of yet - We only were informed that we had a speeding ticket today due to our neighbour being told by the new tenants.Apparently they received it a few months ago so surely they would be pursuing this further as I have not notified them of who was driving the vehicle at the time of the offence.
Customer: replied 2 years ago.
so in brief, we have received a speeding fine notification to our old address a few months ago. However, the V5 had not been changed since November 2013 as I thought my mum had changed it!
Expert:  Jo C. replied 2 years ago.
Yes, I understand.
What was the outcome of the speeding matter?
Customer: replied 2 years ago.
I'm not sure, all that we have been told is that there was a speeding ticket notification sent to our previous address - No information about the actual offence.Thanks for your reply
Expert:  Jo C. replied 2 years ago.
Have they sent on the notification ?
Customer: replied 2 years ago.
I don't actually have any contact with the new owner. However, in passing yesterday (23rd May) they asked our previous neighbour were they in contact with us to which she said yes and the only information they provided is that they 'had contacted the DVLA and informed them that the old owners moved in November 2013 and that they had disposed of all the correspondence in respect of the speeding fine'So all we know is that we have received a speeding fine and I have not changed my V5.In respect of the speeding fine, as my mum would have been driving I am guessing it's an SP30 as she never really speeds.I just don't know how to deal with the fact that I had not given notice in respect of when the speeding fine first came through, due to it going to my previous address unbeknownst to me as I was under the impression my mum had sent it whilst I was at University.
Expert:  Jo C. replied 2 years ago.
I don't think you can make a statutory declaration at this stage. There isn't any evidence that this has been to court and led to a conviction.
I think you would need to make efforts to recover the NIP. It would seem to be a simple matter of contacting the new owners. I realise you may not have their details but the neighbour could be enlisted to help and it is always possible to do that type of thing if you are intent.
If the NIP is recent then you might be in time to declare the driver.
If it is not then they would probably send out a reminder anyway. You don't know at this stage that you are not in time.
I would get the V5 sorted out now. That might be done in time to recover the reminder.
If it has gone against you then you could look at statutory declarations or appeals to put that right but I would deal with things in stages.
Can I clarify anything for you?