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Speeding fine paid but licence not sent in
Paulo Leeds
post Fri, 9 Feb 2018 - 12:50
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I received a £100 fine in July and paid within the allotted time.

I didn't realise I had to also post off my licence so they refunded the £100 in October and initiated court proceedings

I now have to pay 123 + 30 victim sur + 85 court costs sad.gif

any way of getting out of this?

seems ridiculously over-bureaucratic!
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post Fri, 9 Feb 2018 - 12:50
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Redivi
post Fri, 9 Feb 2018 - 13:10
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No

The Conditional Offer of a Fixed Penalty is an offer to pay the penalty to avoid prosecution
One of the conditions of the is sending your licence within the time limit
It would have included the instruction on the form

If the conditions aren't met within the deadline, the prosecution will follow

The £123 fine looks as if you got off very lightly
It suggests that you weren't much over the limit and I'm surprised you didn't have an offer of a speed awareness course as an option to the COFP

You're not the first, by the way, to make this mistake

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Paulo Leeds
post Fri, 9 Feb 2018 - 13:39
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I have been on a course previously.

you reckon I'd have any chance of getting out of the court costs bit then?

This post has been edited by Paulo Leeds: Fri, 9 Feb 2018 - 13:40
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peterguk
post Fri, 9 Feb 2018 - 13:42
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QUOTE (Paulo Leeds @ Fri, 9 Feb 2018 - 13:39) *
you reckon I'd have any chance of getting out of the court costs bit then?


Unlikely since it was, to be blunt, your fault for not sending your DL in with payment.


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nosferatu1001
post Fri, 9 Feb 2018 - 13:45
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You should have asked for that at the time - for reasons unconnected to the offence - but youve probably lost your chance.

Next time, read the paperwork more carefully, you save yourself this stress!
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Paulo Leeds
post Fri, 9 Feb 2018 - 13:58
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"You should have asked for that at the time - for reasons unconnected to the offence - but youve probably lost your chance. "

asked for what sorry?
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nosferatu1001
post Fri, 9 Feb 2018 - 14:02
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That you are sentenced at the fixed penalty equivalent, as you failed to take up the offer for reasons unconnected to the offence.
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Paulo Leeds
post Fri, 9 Feb 2018 - 14:08
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well I failed to send in my licence, I didn't fail to take up the offer, I very much wanted to take up the original £100 offer, hence paying the thing
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peterguk
post Fri, 9 Feb 2018 - 14:11
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QUOTE (Paulo Leeds @ Fri, 9 Feb 2018 - 14:08) *
well I failed to send in my licence, I didn't fail to take up the offer, I very much wanted to take up the original £100 offer, hence paying the thing


But you failed to meet all of the conditions of the Conditional Offer - by not sending your DL in.

There were 3 conditions:

Send in DL
Send in payment
Do within allotted time.

You managed 2 out of 3.

This post has been edited by peterguk: Fri, 9 Feb 2018 - 14:12


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nosferatu1001
post Fri, 9 Feb 2018 - 14:18
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QUOTE (Paulo Leeds @ Fri, 9 Feb 2018 - 14:08) *
well I failed to send in my licence, I didn't fail to take up the offer, I very much wanted to take up the original £100 offer, hence paying the thing

Yes, you failed to take up the offer
You attempted to take it up, but as you did not comply with all the requirements, your attempt failed.
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Paulo Leeds
post Fri, 9 Feb 2018 - 14:23
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thankyou guys
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bm1957
post Fri, 9 Feb 2018 - 14:58
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Usually in these situations, the advice is to request to be sentenced at the COFP level, since the reason that the offer wasn't accepted, was unconnected to the offence.

I don't know why nobody has suggested that - maybe I'm just mis-remembering. But I think the court should consider your request.
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The Rookie
post Fri, 9 Feb 2018 - 15:40
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Because he’s already been sentenced it would be rather pointless suggesting it?


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