Late penalty notice after house move

I recently moved house but before I could change the address on my driving licence I was caught by a speed camera. My former landlord didn’t forward the penalty notice to me and I have just received a court summons. I would have been happy to accept the fine and points on my licence but I am now worried that the fine may be increased. Where do I stand legally on this? I am very worried about this as I have never been to court before.
Rebecca Gillam, e-mail

Answer

You should be ok as you have a legitimate excuse.

I suggest you go down the route of a statutory declaration. Statutory declarations are used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. You need to speak to the court to explain the situation and they will arrange for you to attend court to explain the circumstances to the magistrates who will then ask you to sign the declaration avoiding the need for the trial.

Your ex landlord may also be able to provide you with a statement confirming he did not forward it to you but he may not be willing to assist. It is worth pointing out that making a false statutory declaration is a criminal offence. Many people don’t change their addresses on their driving licences and they are risking a hefty fine. It is important to do so to avoid things like this happening.

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