Statutory declaration hearing

[hmfigs]

A late statutory declaration may be accepted if "it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period".

This is, from what I know, relatively generously interpreted.

I think you might be conflating two separate issues. You are correct to say that the overburdened courts system is sometimes inviting defendants to make SDs in court weeks or months hence. When a defendant then makes the SD out of time, it is clearly within the court's power to accept it as the court's schedule meant to defendant could not reasonably have made it any earlier. However, where a delay past the 21 days is caused by the defendant, whether that be by sticking the head in the sand after getting a notice of fine and collection order and then only starting to act when they get the further steps notice or otherwise, that may result in the court finding it has no jurisdiction to receive the statutory declaration.

The fact that the solicitor option incurs a fee is a potential reason not to do this. Potential for Daily Mail scandal of "innocent defendants have to PAY to lodge appeals because courts say they're TOO BUSY" etc.

If the court decides that the defendant's delay beyond 21 days in lodging their SD exceeds what is reasonable, the court has no power to accept the SD. If nevertheless the court considers that the interests of justice require that a case be reopened, the section 142 procedure is what it needs to use.

One final point not a response to anyone in particular – when lodging an SD against a conviction where the case was commenced by Single Justice Procedure Notice, the defendant must at the same time serve a response to the SJPN (section 16E (3) (d) MCA 1980). The submission is not complete without one. A response can include a plea of guilty with or without a wish to attend court, or a plea of not guilty/a wish for the case to be handled outside the SJP. Not including this response means the conditions of section 16E (3) have not been met and the proceedings where the defendant was convicted in absence will not be voided. This response is mandatory whether the SD is completed before a solicitor, a magistrate, or otherwise.

A late statutory declaration may be accepted if "it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period".

This is, from what I know, relatively generously interpreted.

I think you might be conflating two separate issues. You are correct to say that the overburdened courts system is sometimes inviting defendants to make SDs in court weeks or months hence. When a defendant then makes the SD out of time, it is clearly within the court's power to accept it as the court's schedule meant to defendant could not reasonably have made it any earlier. However, where a delay past the 21 days is caused by the defendant, whether that be by sticking the head in the sand after getting a notice of fine and collection order and then only starting to act when they get the further steps notice or otherwise, that may result in the court finding it has no jurisdiction to receive the statutory declaration.

The fact that the solicitor option incurs a fee is a potential reason not to do this. Potential for Daily Mail scandal of "innocent defendants have to PAY to lodge appeals because courts say they're TOO BUSY" etc.

If the court decides that the defendant's delay beyond 21 days in lodging their SD exceeds what is reasonable, the court has no power to accept the SD. If nevertheless the court considers that the interests of justice require that a case be reopened, the section 142 procedure is what it needs to use.

One final point not a response to anyone in particular – when lodging an SD against a conviction where the case was commenced by Single Justice Procedure Notice, the defendant must at the same time serve a response to the SJPN (section 16E (3) (d) MCA 1980). The submission is not complete without one. A response can include a plea of guilty with or without a wish to attend court, or a plea of not guilty/a wish for the case to be handled outside the SJP. Not including this response means the conditions of section 16E (3) have not been met and the proceedings where the defendant was convicted in absence will not be voided. This response is mandatory whether the SD is completed before a solicitor, a magistrate, or otherwise.

when I contacted the company they’re response was in the screenshots above I didn’t really know the steps to make and when I searched on Reddit I found the link to this forum so I thought it would be better to post my situation here to get some advice I’m not entirely sure about what the last point you made means as what I’m understanding is that if you don’t plead to the letter then it isn’t valid?

 

[Hadders]

Yeah I logged my declaration a week after I received the letter but they only gave me a court date in February and I asked them to reschedule it to my university city and they did that for the 19th this month

Thanks for confirming. What you need to do between now and the 19th is contac EMR's Prosecutions Department, explain what has happened and ask if they are prepared to offer you an out of court settlement. If you pay the settlement EMR then withdraw the court case.

Do not delay in contacting EMR about this. A forum member has given an email address for EMR through which you should be able to contact their Prosecutions Department.

when I contacted the company they’re response was in the screenshots above

Are those screen shots from EMR or the court?

 

[hmfigs]

Thanks for confirming. What you need to do between now and the 19th is contac EMR's Prosecutions Department, explain what has happened and ask if they are prepared to offer you an out of court settlement. If you pay the settlement EMR then withdraw the court case.

Do not delay in contacting EMR about this. A forum member has given an email address for EMR through which you should be able to contact their Prosecutions Department.


Are those screen shots from EMR or the court?

I haven’t been in contact with emr at all this is all with the London collection and compliance centre and the email they provided on the letter is what I have been communication with the only email I have from the court is shout the court date

 

[Hadders]

I haven’t been in contact with emr at all this is all with the London collection and compliance centre and the email they provided on the letter is what I have been communication with the only email I have from the court is shout the court date

You urgently need to contact EMR Prosecutions Department. Only they can withdraw the prosecution.

As things stand, the case will be reheard by the court (potentially on the 19th) and if that happens you will be found guilty.

 

[hmfigs]

You urgently need to contact EMR Prosecutions Department. Only they can withdraw the prosecution.

As things stand, the case will be reheard by the court (potentially on the 19th) and if that happens you will be found guilty.

Do you think I can reach a settlement before the 19th or I should try this week to go to a solicitors office and make my Statutory declaration to reopen the case to get more time

 

[Hadders]

Do you think I can reach a settlement before the 19th or I should try this week to go to a solicitors office and make my Statutory declaration to reopen the case to get more time

Nine days is sufficient time to contact EMR.

You need to contact them today. I cannot stress how urgent this is if you want a satisfactory outcome.

 

[hmfigs]

Nine days is sufficient time to contact EMR.

You need to contact them today. I cannot stress how urgent this is if you want a satisfactory outcome.

Yeah I sent my email in the morning thanks for the help if it gets to next week Monday with no outcome I’m going to try the solicitors option

 

[WesternLancer]

Do you think I can reach a settlement before the 19th or I should try this week to go to a solicitors office and make my Statutory declaration to reopen the case to get more time

What you need to do is to draft what you want to send here and get it checked (ideally you should have done that before sending) it might be a good idea to post it here even if you have sent it.

You should also print what you send and post it gauranteed next day delivery from a post office. They need to know how important this is to you to sort it out. They have hundreds of cases to deal with and you need to show them you are willing to get it sorted out.

By not replying originally they will have lumped you I with all the people who ignore the post they send out. You need to convince them you are not in that scenario.

 

[hmfigs]

This is thr email I sent I followed prompt the @JordR sent in #20

 

[WesternLancer]

This is thr email I sent I followed prompt the @JordR sent in #20

Thanks. I hope they respond quickly. The clocks if course ticking. Keep us posted and don’t hesitate to ask any questions you need to.

 

[hmfigs]

Thanks. I hope they respond quickly. The clocks if course ticking. Keep us posted and don’t hesitate to ask any questions you need to.

Hi I’ve received a response now, how do I answer why I am making a statutory declaration ? Also do you think it’s possible to get that amount lowered since I’m just a university student £250 is still quite a lot or do you think It’s not possible ?

 

[AlterEgo]

Hi I’ve received a response now, how do I answer why I am making a statutory declaration ? Also do you think it’s possible to get that amount lowered since I’m just a university student £250 is still quite a lot or do you think It’s not possible ?

Do you think the fare/s avoided have been miscalculated?

Their administration fee alone would usually be £100-150, which isn’t negotiable as those are the costs they have incurred in dealing with you.

 

[hmfigs]

Do you think the fare/s avoided have been miscalculated?

Their administration fee alone would usually be £100-150, which isn’t negotiable as those are the costs they have incurred in dealing with you.

I think so I was thinking the amount would be something in the region of 100-200 but i don’t know what the process of getting it lowered would be like

 

[AlterEgo]

I think so I was thinking the amount would be something in the region of 100-200 but i don’t know what the process of getting it lowered would be like

What was the journey in question? Unless they have made a fundamental error you can’t really ask to have it lowered with a straight face. You committed an offence and you will need to pay the fare due plus their fee for dealing with you.

 

[hmfigs]

What was the journey in question? Unless they have made a fundamental error you can’t really ask to have it lowered with a straight face. You committed an offence and you will need to pay the fare due plus their fee for dealing with you.

The journey was Leicester to london St Pancras

 

[AlterEgo]

The journey was Leicester to london St Pancras

The Anytime Single fare at the end of 2023 for that trip was £103, so I don’t see how they have made an error here if they are adding in reasonable costs (usually low three figures).

 

[hmfigs]

The Anytime Single fare at the end of 2023 for that trip was £103, so I don’t see how they have made an error here if they are adding in reasonable costs (usually low three figures).

Okay makes sense better than a criminal record and having to pay 1013 also I was wondering how I should reply to the question why are you submitting a statutory declaration do I no longer need to do that and just attend my court date and please not guilty ?

 

[Puffing Devil]

If you let it run at court you'll be looking at a fine and victim surcharge of £56, plus £100 for the fare avoided, plus costs of around £150 from EMR. That's around £300 and you get a free criminal record included.

Pay the settlement and move on.

== Doublepost prevention - post automatically merged: 11 Mar 2025 ==

Okay makes sense better than a criminal record and having to pay 1013 also I was wondering how I should reply to the question why are you submitting a statutory declaration do I no longer need to do that and just attend my court date and please not guilty ?

Yes, tell the court you have agreed to an out-of-court settlement with EMR. Show them the emails you have. Ask for the case to be adjourned as EMR have asked. Do not enter a plea. If forced, it will be not guilty.

 

[Hadders]

Hi I’ve received a response now, how do I answer why I am making a statutory declaration ? Also do you think it’s possible to get that amount lowered since I’m just a university student £250 is still quite a lot or do you think It’s not possible ?

This is good news.

As others have said tell the Magistrates you were unaware of the original court proceedings, say that EMR have agreed to an out of court settlement and show them the email you have posted above. It might help to print a copy of it off so you can show it to the Magistrates.

The Magistrates should re-open the case, if you are asked to give a plea than you must say not guilty. Once the case is re-opened then go back to EMR and they will offer you a settlement. £250 is a high price but worth it to avoid a criminal record.

 

[WesternLancer]

I was wondering how I should reply to the question why are you submitting a statutory declaration

I don’t think anyone has answered this but you need to tell them (I assume it is EMR who are asking you this?) what you basically said in post 1. That you were unaware of the court action because all earlier letters had been sent to a previous address

Not sure if you explained why they may have written to an address you moved from in 2021 but if you gave them that address deliberately knowing you had moved I would not draw attention to that action on your part.

do I no longer need to do that and just attend my court date and please not guilty ?