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Speeding points, postal error?
g00sie
post Sun, 17 Nov 2019 - 21:07
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I got caught doing 39 in a 30. I accepted the charge, I couldn't get a speed awareness course cos I've done one so I paid a fine and sent off my license. My license was returned and I assumed all was done. Just had a notice about a Single Justice Procedure. It says 'Conditional offer: paid but license not received by HMCTS. It feels like there has been some kind of mistake but I don't think I have proof of posting anymore (even though it was recorded). I'm worried about what might happen next the letter is all pretty heavy handed asking me how I want to 'plead' etc when I've already accepted resposibility?! Any help much appreciated.
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post Sun, 17 Nov 2019 - 21:07
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cp8759
post Sun, 17 Nov 2019 - 21:13
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Did you licence get returned with any sort of cover letter? If you paid the fixed penalty and submitted your licence for endorsement, you cannot then be prosecuted for the same offence.


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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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NewJudge
post Sun, 17 Nov 2019 - 21:17
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The above is very true. What happened to your £100?

Whatever the reason things have not gone as they should. If they have not taken your money and you cannot show your matter was dealt with as it should have been you need to deal with it as it now is. Court action is the only thing left when a Fixed Penalty has not been complied with (and that's what the authorities must believe has happened, even if they are wrong). You can try a phone call to explain the situation but I've e feeling your pleas will fall on deaf ears. Once a matter is put into the court system it's very unusual to see it taken out.

You should respond to the SJPN by pleading guilty. You should also explain the situation and ask that you be sentenced at the Fixed Penalty level (£100 and three points). The court has specific guidance which allows this:

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.

You cannot attend a Single Justice hearing but if you want to be sure your request is properly considered you can ask for the matter to be listed for a normal court hearin which you can attend in person.

This post has been edited by NewJudge: Sun, 17 Nov 2019 - 21:20
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g00sie
post Sun, 17 Nov 2019 - 21:32
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I did get a cover letter, yes, but binned it as soon as I pealed my license off it.

I'm hoping that I can go back to the post office and get a proof of the recorded postage from them.




[quote name='NewJudge' date='Sun, 17 Nov 2019 - 21:17' post='1530927']
The above is very true. What happened to your £100?)

The £100 was paid immediately. It's just the 'non-return' of the license that they're pursuing.


Thanks NewJudge.

(You cannot attend a Single Justice hearing but if you want to be sure your request is properly considered you can ask for the matter to be listed for a normal court hearing which you can attend in person.)

I think that's exactly what I'm going to do because I've already paid the fine. I'd like to argue that I should just have the three points added to my license.
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cp8759
post Sun, 17 Nov 2019 - 21:46
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Check your licence online and see if the points have been added.


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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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g00sie
post Sun, 17 Nov 2019 - 21:48
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QUOTE (cp8759 @ Sun, 17 Nov 2019 - 21:46) *
Check your licence online and see if the points have been added.


I have..they have not sad.gif
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NewJudge
post Sun, 17 Nov 2019 - 22:44
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So they didn't return your £100?
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The Rookie
post Sun, 17 Nov 2019 - 22:57
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It’s a shame you didn’t keep the letter. You’d have then had a defence to the allegation.

If you could get anything from HMCTS to confirm they had your licence then again you would have a defence.


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g00sie
post Mon, 18 Nov 2019 - 18:00
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QUOTE (The Rookie @ Sun, 17 Nov 2019 - 22:57) *
It’s a shame you didn’t keep the letter. You’d have then had a defence to the allegation.

If you could get anything from HMCTS to confirm they had your licence then again you would have a defence.


I went through the wheelie bin and it was there!!! Sadly...it transpires that I missed the deadline. Probably by about a day. But, I think that that proves my intent to be a good citizen.

I'm going to plead guilty and ask for the hearing where I can attend so that I can make a plea to just have the points added seeing as I paid the £100 fine already.

I actually emailed them when I got caught and told them that I think I got a ticket but it was probably going to the wrong address, gave them my new address and changed my address with the DVLA asap. So I can also produce that as evidence that I've been proactive the whole way through. Would that help?

What's the worst case scenario here?

And THANK YOU so much for your help.
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Jlc
post Mon, 18 Nov 2019 - 18:09
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The problem you face that normal sentencing applies - the request for a fixed penalty equivalent is simply that - and missing the deadline isn’t going to be a strong case.

Normal sentencing will involve an income related fine (around 1/3 weekly relevant earnings), costs of £85 and a surcharge of 10% of the fine (a minimum of at least £30, could be £32 depending on the date of the offence).

This post has been edited by Jlc: Mon, 18 Nov 2019 - 18:11


--------------------
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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Juan Carr
post Mon, 18 Nov 2019 - 18:14
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QUOTE (g00sie @ Mon, 18 Nov 2019 - 18:00) *
I went through the wheelie bin and it was there!!! Sadly...it transpires that I missed the deadline. Probably by about a day. But, I think that that proves my intent to be a good citizen.


Alas for you, it does not.
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Jlc
post Mon, 18 Nov 2019 - 18:18
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They will eventually refund the £100.


--------------------
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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jdh
post Wed, 20 Nov 2019 - 14:54
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QUOTE (g00sie @ Mon, 18 Nov 2019 - 18:00) *
QUOTE (The Rookie @ Sun, 17 Nov 2019 - 22:57) *
It’s a shame you didn’t keep the letter. You’d have then had a defence to the allegation.

If you could get anything from HMCTS to confirm they had your licence then again you would have a defence.


I went through the wheelie bin and it was there!!! Sadly...it transpires that I missed the deadline. Probably by about a day. But, I think that that proves my intent to be a good citizen.

I'm going to plead guilty and ask for the hearing where I can attend so that I can make a plea to just have the points added seeing as I paid the £100 fine already.

I actually emailed them when I got caught and told them that I think I got a ticket but it was probably going to the wrong address, gave them my new address and changed my address with the DVLA asap. So I can also produce that as evidence that I've been proactive the whole way through. Would that help?

What's the worst case scenario here?

And THANK YOU so much for your help.

Were you late sending it or was there a delay their end dealing with it?
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