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Speeding fine help!, Single Justice Procedure/Fixed Penalty
thebruca
post Tue, 19 Feb 2019 - 10:42
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Hi,

A bit of help would be appreciated for someone like myself who isn't familiar with the way speeding fines work in the UK having moved from Australia.

I received a speeding fine, but declined the course as I was due to move back to Australia in a couple weeks, was happy just to pay the fine and move on.

I had my friend check on my letters for the fixed penalty notice but it never arrived.

I have now received the single justice procedure notice, which has freaked me out a little bit. Whats the best way to proceed to pay the least amount fine? Just plead guilty, completing the single justice procedure notice, or call up and explain the situation and try and pay the original fixed penalty notice? I was a bit worried by saying the max fine is £1000 which I definitely can't afford!

Thanks, Matt
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post Tue, 19 Feb 2019 - 10:42
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Jlc
post Tue, 19 Feb 2019 - 10:48
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What was the offence - Speed/limit?

It won't be £1,000...

There's provisions in the sentencing guidelines for these sort of situations:

QUOTE
where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.


This post has been edited by Jlc: Tue, 19 Feb 2019 - 10:50


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Tue, 19 Feb 2019 - 11:13
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Don't forget your licence will need to be submitted as well.

If your in Australia and not coming back anytime soon then there is another option.......


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Churchmouse
post Tue, 19 Feb 2019 - 14:02
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QUOTE (The Rookie @ Tue, 19 Feb 2019 - 11:13) *
Don't forget your licence will need to be submitted as well.

If your in Australia and not coming back anytime soon then there is another option.......

Yes, just ask the court to send all further correspondence to your current address, where it will be filed appropriately.

--Churchmouse
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thebruca
post Tue, 19 Feb 2019 - 21:45
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It was 35 in a 30 zone. Might be best to just fill that form out then, explaining the situation?


QUOTE (Jlc @ Tue, 19 Feb 2019 - 10:48) *
What was the offence - Speed/limit?

It won't be £1,000...

There's provisions in the sentencing guidelines for these sort of situations:

QUOTE
where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.


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Jlc
post Tue, 19 Feb 2019 - 21:48
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Yes, explain that a FP should have been offered but was not received and that they should consider the above guidance.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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thebruca
post Wed, 20 Feb 2019 - 01:27
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Awesome thanks heaps


QUOTE (Jlc @ Tue, 19 Feb 2019 - 22:48) *
Yes, explain that a FP should have been offered but was not received and that they should consider the above guidance.

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The Rookie
post Wed, 20 Feb 2019 - 08:20
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When do you move back and is it permanent?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Slapdash
post Wed, 20 Feb 2019 - 09:04
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How did you decline the course ?

Generally you return the form saying I want .... selecting your option.
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thebruca
post Wed, 20 Feb 2019 - 23:23
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I moved back about a month ago, It's most likely permanent yes, but I may have to travel over a bit for work still.


QUOTE (The Rookie @ Wed, 20 Feb 2019 - 08:20) *
When do you move back and is it permanent?



They sent me the speed awareness course option. There were only two options either to sign up to the course or decline it. I spoke to someone on the phone and they said just to decline it and wait for the fixed penalty notice....




QUOTE (Slapdash @ Wed, 20 Feb 2019 - 09:04) *
How did you decline the course ?

Generally you return the form saying I want .... selecting your option.
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cp8759
post Thu, 21 Feb 2019 - 21:47
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QUOTE (thebruca @ Wed, 20 Feb 2019 - 23:23) *
I moved back about a month ago, It's most likely permanent yes, but I may have to travel over a bit for work still.


If you confirm to them that you've permanently moved to Australia, they will almost certainly drop the matter.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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