PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

summons to court for a 45mph in 30mph zone, Paid the penalty, but have been summoned to court, what to expect
Manik10
post Tue, 11 Sep 2018 - 21:31
Post #1


New Member


Group: Members
Posts: 7
Joined: 11 Sep 2018
Member No.: 99,834



Hi everyone,
On 2/2/2018 I've been clocked by a manned laser equipment 45 in 30mph zone. I was overtaking the car on a right and police officer jumped from behind the van and waved to stop, which I did. I issued me with a ticket on a spot. I've showed him my driving licence, told him it's a company car on a lease and my home address etc.
I've received a COFP on 24.3.2018 (more, than 28 days) telling me to pay 100£ and post driving license within 28 days which I did. I did pay online on 11.4.2018, have a reference code and did post the licence. I've received the licence back with the COFP stamped "PROCESSED 19 Apr 2018 Southend Regional FPO".
I was thinking this is it.
But then on 12.7.2018 I'm receiving the Single Justice Procedure Notice. Firstly, I didn't know I've received it, because it end up in a pile of letters with low meaning like marketing letters from broadband providers. I've opened it by accident in August exceeding the given 21 day by 5-7 days.
I've pleaded guilty online. Submitted my income details. Filled in mitigation section etc. Sent.
Then I'm receiving a Summons on Referral to Court dated 14 August 2018 with the date to court to attend on 12 September at 3pm-tomorrow.
I was thinking it is going to be straight forward, but one guy at my work recommended to ask for advice from PePiPoo. Hence here I am rolleyes.gif
All I really want is as from a very beginning to pay 100£ and 3 points and it all went up to court somehow. What to expect? What not to say?
Any advice will be really appreciated. unsure.gif

Thanks
Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Tue, 11 Sep 2018 - 21:31
Post #


Advertise here!









Go to the top of the page
 
Quote Post
andy_foster
post Tue, 11 Sep 2018 - 21:53
Post #2


Member
Group Icon

Group: Life Member
Posts: 20,364
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



How many points do you have (for offences committed after 02/02/2015)?

If you received a COFP, and had no more than 8 current points (see above) and complied with the requirements (paying the penalty in the manner stipulated and your licence was delivered to the address stipulated within the time stipulated), they cannot lawfully prosecute you. Most such cases we see here, are the result of either the motorist not sending off their licence, or it apparently not being delivered. As they have returned yours, it would seem that that was not the case here.


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

Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
Go to the top of the page
 
+Quote Post
Manik10
post Tue, 11 Sep 2018 - 21:57
Post #3


New Member


Group: Members
Posts: 7
Joined: 11 Sep 2018
Member No.: 99,834



I have none points ever received, nor the awareness course taken previously. This is my very 1st time.
Go to the top of the page
 
+Quote Post
andy_foster
post Tue, 11 Sep 2018 - 22:12
Post #4


Member
Group Icon

Group: Life Member
Posts: 20,364
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



What is the charge(s) on the SJPN?


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

Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
Go to the top of the page
 
+Quote Post
Logician
post Wed, 12 Sep 2018 - 01:44
Post #5


Member


Group: Members
Posts: 11,579
Joined: 28 Mar 2010
Member No.: 36,528



You can check whether the points have been put on your licence at https://www.gov.uk/view-driving-licence

Yes go to court and explain you have already paid the fixed penalty so this is some sort of mistake. Take all the relevant paperwork.


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



Go to the top of the page
 
+Quote Post
Manik10
post Wed, 12 Sep 2018 - 06:04
Post #6


New Member


Group: Members
Posts: 7
Joined: 11 Sep 2018
Member No.: 99,834



QUOTE (andy_foster @ Tue, 11 Sep 2018 - 23:12) *
What is the charge(s) on the SJPN?

Charges:
(1) Excess Speed

QUOTE (Logician @ Wed, 12 Sep 2018 - 02:44) *
You can check whether the points have been put on your licence at https://www.gov.uk/view-driving-licence

Yes go to court and explain you have already paid the fixed penalty so this is some sort of mistake. Take all the relevant paperwork.


Yes, you're right. I already have 3 points:
SP30 Penalty Points: 3 Offence Date 21 Feb 2018.

What possibly went wrong?
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 12 Sep 2018 - 07:35
Post #7


Member


Group: Members
Posts: 29,249
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



If the conditions of the offer were not met then they will summons. The usual reason is that the licence was not surrendered and the fine is then refunded.

If it's definitely the same offence and you complied with the conditions (in a timely manner) then there's a bar to prosecution. I'd contact the Force that issued it ASAP.

This post has been edited by Jlc: Wed, 12 Sep 2018 - 07:36


--------------------
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
NewJudge
post Wed, 12 Sep 2018 - 08:37
Post #8


Member


Group: Members
Posts: 1,591
Joined: 29 Oct 2008
Member No.: 23,623



Bit late to ask at 10:30pm on the eve of your appearance! huh.gif

The greater worry is that the Single Justice has referred the matter to a full court hearing. Perhaps you could let us know what happened.
Go to the top of the page
 
+Quote Post
Manik10
post Wed, 12 Sep 2018 - 09:37
Post #9


New Member


Group: Members
Posts: 7
Joined: 11 Sep 2018
Member No.: 99,834



I’m afraid, that they want to hear more about police officer jumping from behind the van (i.e. hiding), why the 1st letter reached me only in 31 days, why their officials stated, that I haven’t paid the fine (when I’ve clearly have paid it)
Go to the top of the page
 
+Quote Post
Logician
post Wed, 12 Sep 2018 - 10:25
Post #10


Member


Group: Members
Posts: 11,579
Joined: 28 Mar 2010
Member No.: 36,528



The officer can hide and leap as much as he wants, that is not relevant, you were warned at the time so the 14 day timetable does not apply, the important thing is that the COFP has been paid and dealt with.


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



Go to the top of the page
 
+Quote Post
Manik10
post Wed, 12 Sep 2018 - 10:35
Post #11


New Member


Group: Members
Posts: 7
Joined: 11 Sep 2018
Member No.: 99,834



I could come to court beforehand today (let's say 1hr before instead of 30 min), explain everything to a clerk, so he'd try to gain an approval from the judges as the hearing is not needed and could be cancelled.
I really don't see any good coming out of this hearing since they have already taking the money and I've pleaded guilty on the offence like 3 times by now..
Go to the top of the page
 
+Quote Post
southpaw82
post Wed, 12 Sep 2018 - 10:55
Post #12


Member


Group: Members
Posts: 28,759
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Manik10 @ Wed, 12 Sep 2018 - 11:35) *
I could come to court beforehand today (let's say 1hr before instead of 30 min), explain everything to a clerk, so he'd try to gain an approval from the judges as the hearing is not needed and could be cancelled.


Doesn’t work like that.

QUOTE
I really don't see any good coming out of this hearing since they have already taking the money and I've pleaded guilty on the offence like 3 times by now..

So you have to defend the case on the point set out above. If all is as you say it is then the prosecution ought to drop the case once your defence is explained and proven.


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


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
Redivi
post Wed, 12 Sep 2018 - 12:33
Post #13


Member


Group: Members
Posts: 2,021
Joined: 31 Jan 2018
Member No.: 96,238



How does he withdraw the Guilty plea ?
Go to the top of the page
 
+Quote Post
southpaw82
post Wed, 12 Sep 2018 - 12:44
Post #14


Member


Group: Members
Posts: 28,759
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Redivi @ Wed, 12 Sep 2018 - 13:33) *
How does he withdraw the Guilty plea ?

Normally that’s quite hard but so long as it’s not gone to a first hearing it’s not been entered yet. If it has done so then an application to withdraw citing litigant in person, only just received legal advice ought to be well received.


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


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
Churchmouse
post Wed, 12 Sep 2018 - 13:21
Post #15


Member


Group: Members
Posts: 1,992
Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



Check that the £100 was indeed debited from your bank account/credit card on the date of payment--and that this was not reversed/failed shortly thereafter.

--Churchmouse
Go to the top of the page
 
+Quote Post
Manik10
post Wed, 12 Sep 2018 - 17:08
Post #16


New Member


Group: Members
Posts: 7
Joined: 11 Sep 2018
Member No.: 99,834



Court finished:
It was a double booking for the same offence.
One I’ve paid an the other they were thinking I haven’t paid.
It started with the clerk, which invites you to the court hall and asks to fill in pre-start form. I’ve told him, that there’s possibility of a mistake, because I’ve paid already and have 3 points on my license as well. He passed this info to court administrator-data inputting lady, but the hearing wasn’t cancelled.
I was invited to the court room. 3 judges, administrator in the centre and prosecutor. Clerk by the door.
Prosecutor have read out the offence of speeding, then administrator asked me to comment. I’ve said, that I’ve already pleaded guilty and, that I’ve already paid and it wasn’t refunded. Plus speeding was unintentional.
Head Judge asked prosecutor to explain himself...he asked in return for 5 min time to investigate quickly . In 5 min they called me back to court hall and announced, that it was metropolitan police mistake and, the case is withdrawn. “You’re free to go”.
Nothing else happened.
Conclusion: when I’ve received the the Single Justice Procedure Notice I should have call them to find out why I’m referred to court
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 12 Sep 2018 - 17:40
Post #17


Member


Group: Members
Posts: 39,903
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Well despite your rather misleading statements you got the right result!


--------------------
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
Manik10
post Fri, 14 Sep 2018 - 16:02
Post #18


New Member


Group: Members
Posts: 7
Joined: 11 Sep 2018
Member No.: 99,834



Yes,
I'v got the right result with the minimum punishment.
Do you know if court will penalize prosecutor or police for the false accusation (double booking) and the court costs charges?
I've wasted at least 12hrs onto this matter of my time plus 3hrs driving to and back. Plus an hour in court. 14hrs of my life and obviously people, who have had to write all the rest of the letters have wasted their time as well....

QUOTE (Churchmouse @ Wed, 12 Sep 2018 - 14:21) *
Check that the £100 was indeed debited from your bank account/credit card on the date of payment--and that this was not reversed/failed shortly thereafter.

--Churchmouse

I did check actually just before court all my statements back to April when they have debited the 100£ and as silly it may sound, but "thankfully they didn't refund it ever since"
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 14 Sep 2018 - 16:14
Post #19


Member


Group: Members
Posts: 39,903
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



What would you be punishing them for (what offence), someone made a mistake, we all have, it was inconvenient for you, made more so by your mishandling by sending the guilty plea (otherwise you could have done it by post), life’s too short......


--------------------
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
southpaw82
post Fri, 14 Sep 2018 - 20:38
Post #20


Member


Group: Members
Posts: 28,759
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Manik10 @ Fri, 14 Sep 2018 - 17:02) *
Do you know if court will penalize prosecutor or police for the false accusation (double booking) and the court costs charges?

Yes, I do know. No, they won’t.


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


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
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: Monday, 12th November 2018 - 19:10
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.