Advice On Making A Statutory Declaration Please - Urgent

[calamoli]

Could somebody please give me some advice or point me in the right direction for information on making a Statutory Declaration? I've been searching for hours and still have no idea where to start and I need to get it done as a matter of urgency. I am trying to help my Brother, who only discovered there was an issue today when someone from a local court left a card, regarding a speeding offence gained by default. I have zero knowledge in this area and badly need the support of you awesome people please.

He is separated and it seems his wife did not speak of, or pass on, any paperwork as far as we can make out. Although we are still trying to piece this together, I am not so much concerned with the wording because he genuinely did not know. But I would appreciate advice on how and where we need to go to do so please. Is there an actual form that we need to use, or is it written on our own paper? Then afterwards, where do we need to go and what will he have to do there please? I'd like to be able to put his mind at rest a little if possible - he's very honest and a born worrier who is already going through a really bad time and working 100+ hours a week, so the sooner we can get this done the better - I am seriously concerned about his health.

Thank you in advance for any help that you can offer and very best wishes.

[Milo]

Re: Advice On Making A Statutory Declaration Please - Urgent

Yesterday a similar enquiry was raised and the procedure is outlined in this thread:

http://www.legalbeagles.info/forums/...951#post521951

[Big Al]

Re: Advice On Making A Statutory Declaration Please - Urgent

Fill in the blanks, take it to any High St solicitor, tell the receptionist you need to have a Stat Dec witnessed. A solicitor will come to reception, read through it, ask you to declare the contents are true, then they'll sign it and charge you £5. Make sure they also stamp it with the firms logo stamp. Make as many photocopies as you need and send to who you believe needs a copy. Keep the original for yourself.


STATUTORY DECLARATION




I: [NAME]
residing at: [ADDRESS]

make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true:



[DETAILS OF WHAT YOU WANT TO DECLARE]




I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.



DECLARED AT:



SIGNED:



DATE:



Before me:



Solicitor/Commissioner for Oaths/Other (please state):

[Guest]

Re: Advice On Making A Statutory Declaration Please - Urgent

`Sorry we seem to have two differing answers, can the OP use either?

it would be helpful if someone would clarify.

[Milo]

Re: Advice On Making A Statutory Declaration Please - Urgent

I am trying to help my Brother, who only discovered there was an issue today when someone from a local court left a card, regarding a speeding offence gained by default.

If your brother has been convicted of speeding then unfortunately, he has more problems as well.

When convicted, the court will advise DVLA and your brother should then have received a letter from DVLA asking him to return his driving licence to have the penalty points recorded. If the licence is not returned, then DVLA suspend (not cancel) the driving licence. The effect of this is that the car insurance could be invalid (some insurance companies deal with these common situations in different ways).

I would strongly suggest that your brother contacts DVLA this morning to make enquiries.

[Milo]

Re: Advice On Making A Statutory Declaration Please - Urgent

`Sorry we seem to have two differing answers, can the OP use either?

it would be helpful if someone would clarify.

Sorry, I had not noticed that other posts had been made until I refreshed the page.

The Statutory Declaration exhibited above is sadly of no relevance and will not assist the debtor. This is a matter for the Magistrates Court and the correct document would naturally be required. The above Statutory Declaration would be useful in cases where an individual wanted to formally state on oath they they owned or paid for items in a home (for example)...but for criminal matters...it is the wrong form.

Although the regulations do allow for a Statutory Declaration to be either heard at court or be sent by post, the reality is that courts are very reluctant to accept them by post and almost always, request that the individual attend court in person.

[calamoli]

Re: Advice On Making A Statutory Declaration Please - Urgent

Well thanks very much for the great advice & the other thread. I didn't realise there would be a hearing for a Statutory Declaration, which is a bit of a blow. From what I'd read elsewhere, I had thought we just attended with the form, so thanks again - we will follow your advice now.

Best wishes.

[wales01man]

Re: Advice On Making A Statutory Declaration Please - Urgent

Whats wrong with attending?

[ploddertom]

Re: Advice On Making A Statutory Declaration Please - Urgent

They need to make you aware of the seriousness of the situation particularly if they have proof you had prior knowledge - which has happened on more than 1 occasion. They will also set a date to have it reheard in all probability - some may even do it on the spot.

[Milo]

Re: Advice On Making A Statutory Declaration Please - Urgent

Well thanks very much for the great advice & the other thread. I didn't realise there would be a hearing for a Statutory Declaration, which is a bit of a blow. From what I'd read elsewhere, I had thought we just attended with the form, so thanks again - we will follow your advice now.

Best wishes.

The fact of the matter is that although the regulations do actually allow for a Statutory Declaration (using the correct form of course) to be witnessed by a solicitor and delivered to the court....the reality is very different.

As I said a while back, regulations have changed and different policies and procedures are now in place.

Many times (depending entirely on the type of offence the court can decide the matter again at the same time. Also, with a personal attendance, the District Judge or Magistrate can pose questions to the debtor to determine whether the debtor really has grounds to file a SD.

Only this morning I received a enquiry from a young lady who sadly took information from a variety of internet sites and applied for a Stat Dec (which was heard yesterday) and the court file (that was naturally made available to the court) showed that in fact she had made two telephone calls to the fines office (one in September and the second time at the end of October) to explain that she would be late in making payment. She had also made 2 payments. The court were extremely harsh on her and told her that it was very fortunate for her that she had not signed her Stat Dec previously and sent it in the post because she could face a charge of perjury. A Statutory Declaration may only be made in cases where the debtor has not known of the case before a bailiff letter or visit.

PS: When responding to enquiries, I very rarely respond with a link to actual legislation. Instead, I rely upon reality.

[calamoli]

Re: Advice On Making A Statutory Declaration Please - Urgent

Hello again,

thanks for the input and I do understand the points you are making. There is no problem at all with attending - that was me just trying to get my head around how the process works and what it entails. There would be no such evidence in this case because my brother had absolutely no idea and is only looking to be at a point where he at least has the option to defend himself.

Anyway, I just wanted to update you. After some ringing around, I have managed to find the right place and have booked an appointment for the SD hearing on 20th March. They are also going to inform enforcement, so hopefully that will keep them away for now. I will however do him a letter and one for DVLA, just to explain what's happening.

Thank you once again for your advice, it's always good to know that there are still unselfish people around and that we are not alone when scary things happen. Very best wishes to all.