PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Received a MG4E form
Steve smith
post Mon, 26 Feb 2018 - 14:13
Post #1


New Member


Group: Members
Posts: 5
Joined: 26 Feb 2018
Member No.: 96,770



Hi all,

Im new to this forum so please be gentle.

I got sent through the post a fixed penalty notice which i paid but i forgot to send off my license to get endorsed with the 3 penalty points (a honest and genuine mistake as i thought they did it digitally or some other way that didnt require my license) and i didnt see anywhere on the notice i got or website where i paid the fine.

Now ive received a MG4E form stating that because i didnt send in my license im getting charged further, possibly taken to court and im being asked to plead guilty or not guilty.

Im not contesting that i committed the original speeding offence but im wondering if there is anything else that can be done to prevent this being taken further and accumulating further charges than the original £100 fine that i paid but got refunded.

Kind regards Steve
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 16)
Advertisement
post Mon, 26 Feb 2018 - 14:13
Post #


Advertise here!









Go to the top of the page
 
Quote Post
The Rookie
post Mon, 26 Feb 2018 - 14:23
Post #2


Member


Group: Members
Posts: 39,460
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



You can ask for them to consider the specific guidance of penalising at the fixed penalty tariff as the reason the FP wasn’t taken up was ‘for reasons unconnected with the offence’. That said as it was clearly your own fault (it does say on the offer you MUST submit the licence) it’s far from sure they will agree the guidance applies in this case.

You would almost certainly have the surcharge added and possibly costs, so the total could well be £215 even if they agree.


--------------------
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 8-0 PPC's
Go to the top of the page
 
+Quote Post
notmeatloaf
post Mon, 26 Feb 2018 - 15:20
Post #3


Member


Group: Members
Posts: 1,468
Joined: 4 Mar 2017
Member No.: 90,659



You are right that the points are added digitally and the reason they require your licence is purely historical from the days of paper licences.

However that is by the by as you are in the court system now and can't go back. As The Rookie says you can ask the magistrates to consider sentencing at fixed penalty rates as the reason you didn't take up the penalty had nothing to do with the offence. They may or may not help you as arguably you didn't comply with the FPN which caused the situation.

If they agree it will be £130 or more likely £215 plus three points depending on whether the magistrates add costs on top. You can plead by post and it will likely make little difference.

It would be pragmatic for points just to be awarded onto your licence even if you don't send it in but fixed penalty clerks for whatever reason stick to the letter of the law despite costing both you and the justice system.
Go to the top of the page
 
+Quote Post
Logician
post Mon, 26 Feb 2018 - 16:24
Post #4


Member


Group: Members
Posts: 11,470
Joined: 28 Mar 2010
Member No.: 36,528



My colleagues have rather started in the middle, so to go back to the start, what you now have is a Single Justice Procedure Notice, and now that has been started you cannot go back to simply paying the fixed penalty. Your case will now be dealt with through the court system, the Single Justice Procedure is a hearing you cannot attend, but you can opt for a normal court hearing. There will be no additional charges, but it is a different system to the fixed penalty and may cost you more.


--------------------



Go to the top of the page
 
+Quote Post
Jlc
post Mon, 26 Feb 2018 - 16:26
Post #5


Member


Group: Members
Posts: 28,845
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



What was the speed/limit? It's possible that you might receive more than 3 points.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
Steve smith
post Mon, 26 Feb 2018 - 21:51
Post #6


New Member


Group: Members
Posts: 5
Joined: 26 Feb 2018
Member No.: 96,770



I was doing 37 in a 30 zone so not a huge offense but still an offense all the same.

I am a carer for my wife and im on a minimum income so not sure if this will be taken into account when looking into my situation.

Does anyone know when i am informed of their judgement and whether i will be given a month to pay the fine they issue?

Kind regards
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 26 Feb 2018 - 22:11
Post #7


Member


Group: Members
Posts: 28,845
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



If the court do not sentence at fixed penalty equivalent (no harm in asking) then there's a minimum income level for fine calculation.

That's £120/week. There's 33% credit for a guilty plea and the fine itself is guideline 50% of income. So the lowest is £40+£85 costs+£30 surcharge = around £155.

You'll be told when to pay by when you receiving the sentence.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
666
post Mon, 26 Feb 2018 - 22:18
Post #8


Member


Group: Members
Posts: 962
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (notmeatloaf @ Mon, 26 Feb 2018 - 15:20) *
They may or may not help you as arguably you didn't comply with the FPN which caused the situation.


The FPN is actually a COFP - a Conditional offer. He did not comply with the conditions. No argument about it sad.gif

This post has been edited by 666: Mon, 26 Feb 2018 - 22:18
Go to the top of the page
 
+Quote Post
Steve smith
post Tue, 27 Feb 2018 - 08:59
Post #9


New Member


Group: Members
Posts: 5
Joined: 26 Feb 2018
Member No.: 96,770



Thank you for the responses

Will they tell me where to send my licence off to get things sorted out or will i have to phone someone as i dont want things to escalate further.
Go to the top of the page
 
+Quote Post
The Rookie
post Tue, 27 Feb 2018 - 09:05
Post #10


Member


Group: Members
Posts: 39,460
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Read what you have, it almost certainly tells you, erm like it did on the CoFP.


--------------------
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 8-0 PPC's
Go to the top of the page
 
+Quote Post
notmeatloaf
post Tue, 27 Feb 2018 - 09:24
Post #11


Member


Group: Members
Posts: 1,468
Joined: 4 Mar 2017
Member No.: 90,659



If you turn up to court and ask they will normally agree a repayment plan as well - often £5 or £10 instalments for people on low income. They do not want to you be unable to heat/eat for the sake of a speeding fine.
Go to the top of the page
 
+Quote Post
The Rookie
post Tue, 27 Feb 2018 - 09:37
Post #12


Member


Group: Members
Posts: 39,460
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (notmeatloaf @ Tue, 27 Feb 2018 - 10:24) *
If you turn up to court and ask they will normally agree a repayment plan as well - often £5 or £10 instalments for people on low income. They do not want to you be unable to heat/eat for the sake of a speeding fine.

He cant turn up in response to a single justice procedure notice!


--------------------
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 8-0 PPC's
Go to the top of the page
 
+Quote Post
Steve smith
post Wed, 28 Feb 2018 - 10:11
Post #13


New Member


Group: Members
Posts: 5
Joined: 26 Feb 2018
Member No.: 96,770



Hi all,

I completed the online make a plea so i will just have to wait and see what they say but one thing i did want to mention which did seem strange to me..
At the end it stated that if i needed to change my plea i can do so up until 23rd march but why do that when ive now submitted my plea and does this mean i wont hear from them until april?

Sorry if these sound obvious questions but i dont know why they cant look at my case straight away..

Kind regards
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 28 Feb 2018 - 10:38
Post #14


Member


Group: Members
Posts: 28,845
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (Steve smith @ Wed, 28 Feb 2018 - 10:11) *
Sorry if these sound obvious questions but i dont know why they cant look at my case straight away..

There's a queue of cases... If you've submitted a guilty plea then you'll hear late March/April.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
666
post Wed, 28 Feb 2018 - 10:52
Post #15


Member


Group: Members
Posts: 962
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (Steve smith @ Wed, 28 Feb 2018 - 10:11) *
Sorry if these sound obvious questions but i dont know why they cant look at my case straight away..


Why would they choose your case out of the thousands in the system?
Go to the top of the page
 
+Quote Post
andy_foster
post Wed, 28 Feb 2018 - 20:19
Post #16


Member
Group Icon

Group: Life Member
Posts: 20,324
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



QUOTE (Steve smith @ Wed, 28 Feb 2018 - 10:11) *
I completed the online make a plea so i will just have to wait and see what they say but one thing i did want to mention which did seem strange to me..
At the end it stated that if i needed to change my plea i can do so up until 23rd march but why do that when ive now submitted my plea and does this mean i wont hear from them until april?

Sorry if these sound obvious questions but i dont know why they cant look at my case straight away..


Pleas are entered at the hearing (or virtual hearing if it's an SJPN) which will be scheduled for some specific date. The court does not sit around waiting for pleas to be submitted and then immediately action them like some kind of idealised pizza delivery place.


--------------------
Andy

Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
Go to the top of the page
 
+Quote Post
Steve smith
post Sat, 3 Mar 2018 - 22:53
Post #17


New Member


Group: Members
Posts: 5
Joined: 26 Feb 2018
Member No.: 96,770



Sorry if i came across wrong but ive never had one of these notices before but many thanks to everyone for your help and advice
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Sunday, 23rd September 2018 - 03:35
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.