Driving & Motoring Defence
Statutory Declaration
If you are convicted of a motoring offence without your knowledge — for example, because the paperwork was sent to the wrong address — you may be able to apply to make a Statutory Declaration.
This is a formal statement, sworn before a magistrate or commissioner for oaths, confirming that you were unaware of the court proceedings. It allows the conviction to be set aside and the case reopened, giving you the opportunity to put forward your defence properly
Our solicitors will be by your side at every stage of the court process, providing clear guidance and strong defence to protect your license.
When Can You Make a Statutory Declaration?
You may be eligible if:
- ▸ You were convicted in your absence.
- ▸ You did not receive the original summons, Single Justice Procedure Notice, or other paperwork.
- ▸ You only became aware of the conviction when you received notice of fines, penalty points, or enforcement action.
You must normally make a Statutory Declaration within 21 days of finding out about the conviction.
Why It Matters
Without a Statutory Declaration, a conviction you knew nothing about will stand, leaving you with:
- ▸ Penalty points on your licence
- ▸ A driving ban in some cases
- ▸ Substantial fines or enforcement action, including bailiff involvement
By making a Statutory Declaration, you can clear the conviction and have the case reopened so it can be dealt with fairly.
The Process
- 1. Application – You apply to make a Statutory Declaration at your local Magistrates’ Court.
- 2. Sworn statement – You swear (or affirm) that you were unaware of the proceedings.
- 3. Case reopened – The conviction is set aside, and the case goes back to the beginning.
- 4. Fresh hearing – You then have the chance to enter a plea and put forward your defence.
Common Situations
- ▸ Address changes – Many motorists move house and fail to update their V5C logbook, meaning notices go to their old address.
- ▸ Postal issues – Delays or lost correspondence can result in you not receiving key documents.
- ▸ Company vehicles – Paperwork sent to businesses may not be passed to the correct driver.
How MC Solicitors Can Help
We assist clients with urgent Statutory Declarations. We can:
Advise if you are eligible and within the 21-day time limit.
Prepare your application and supporting evidence.
Represent you in court when making your declaration.
Help you defend the underlying motoring allegation once the case is reopened.
Ready for Legal Support?
If you’re facing serious allegations, our team is here to provide expert support. Let us help safeguard your rights.