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Appealing Against Penalty Points and Driving Disqualifications - HOW TO CHALLENGE A COURT'S DECISION The three main ways of changing a magistrates' court decision are: * Statutory Declaration * Application to Reopen * Appeal to the Crown Court STATUTORY DECLARATIONS If you have been convicted without your knowledge, you may be able to make a statutory declaration. Once made and served correctly it has the effect of cancelling the previous conviction and sentence. This means that any disqualification or points are removed, although it may take some time for DVLA to update your records. The law is contained in s.14 and s.16E of the Magistrates Court Act 1980. _S.14.— PROCEEDINGS INVALID WHERE ACCUSED DID NOT KNOW OF THEM._ _(1) Where a summons has been issued under section 1 above and a magistrates' court has begun to try the information to which the summons relates, then, if—_ _(a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and_ _(b) within 21 days of that date the declaration is served on the designated officer for the court,_ _without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void._ _(2) For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated offi...