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wackyali007
Hi all,

firstly I would like to thank all contributors of the forum, you guys are doing a fantastic job, please keep it up.

I recently received a 'Notice of fine and collection order'.

I was stopped by police for an alleged speeding office sometime in Feb 2016. They used a speed gun and I was told that I would be sent out a penalty for the offence. I have now received a notice fine and collection order by the courts, which i have attached. I would have expected to have received something before this going to court. A friend had advised me that they received something in a similar incident and they were sent a penalty notice rather than a court notice.

I am now being asked to pay a fine and points on my license etc. Is there any means of appealing this; particularly on the grounds that I didn't receive any prior documents and nor did I get a chance to plea my innocence or guilt.

Also I have also now moved from my address; will this have to be communicated to the courts/police?

Your advice and help is much appreciated.

Many thanks
BaggieBoy
The way forward is doing a Statutory Declaration, which will return the process back to the summons stage. This can either be done at court of via a solicitor.

Changing address may be the root cause of the summons not being received by you, so letting the appropriate authorities know your current address is a very good idea
sgtdixie
If you give us the speed and limit and tell us the number of points and fine we may be able to advise whether to suck it up or do a statutory declaration and reset back to summons stage.

The fixed penalty cannot be offered but as you will find out from other posts you may be able to reduce the fine to a similar level.
The Rookie
Its clear from the amount that it has gone to court and with no reply from yourself you have been found guilty in your absence.

You are now in the position of performing an SD as mentioned above.

At that point (if the alleged speed/limit) would qualify for a fixed penalty you can request the court impose the same tariff in accordance with sentencing guidelines.

You missed out on an FP due to moving, and not informing the police, inform the courts at the earliest opportunity.
wackyali007
Thanks BaggieBoy. Do you know where I can find a link to a feed regarding how to file/submit a statutory declaration. If it exists at all?

Many thanks for your reply.

Hi sgtdixie, thanks for your reply.

The speed was 84mph in a 50mph zone. The fine is written on the notice as 440 and it doesn't mention about points on this letter. I believe there will be points associated with this but not sure.
peterguk
QUOTE (wackyali007 @ Mon, 24 Oct 2016 - 16:16) *
I have also now moved from my address; will this have to be communicated to the courts/police?


How are they to know you've moved?

When did you move and when did you update your V5C and DL?
southpaw82
QUOTE (wackyali007 @ Mon, 24 Oct 2016 - 16:34) *
Thanks BaggieBoy. Do you know where I can find a link to a feed regarding how to file/submit a statutory declaration. If it exists at all?

Phone the court. Ask to do a statutory declaration.
Jlc
That excess can only be dealt with at court. One presumes the paperwork was sent to your old address.

You have every legal right to perform a SD to take the matter back to a plea - although you may encounter some difficultly if you leave this longer than 21 days after discovering the conviction. But under what basis would you plead not guilty? (The paperwork business does not introduce a defence)

If your earnings are higher than the presumed amount of £440/week then you may have a good outcome already. You would have to submit your earning details for the new fine if found guilty although you would be entitled to a 33% discount on the fine if you plea guilty.
NewJudge
84 in a 50 limit is too fast for a fixed penalty to be offered so all you have to consider is the fine.


If you had responded to the summons and pleaded guilty you would have been entitled to a third off. You obviously did not get that benefit as you did not enter a guilty plea. The guideline fine is a week’s net income and £440 pw is assumed where no information is known (hence the amount you have been fined). So, if your income is more than £660 per week you have got a good deal by being fined only £440. If it’s less than that do the Stat Dec if you think the difference is worth the hassle.


One other thing to consider is that the guidelines also suggest either 6 points or a ban of between 7 and 56 days. If you have had fewer than 6 points imposed or you do not wish to have a new Bench consider disqualification you may be best advised to leave well alone.

andy_foster
From what we have been told, it seems entirely possible (although far from certain) that the OP has already been banned.
It would be prudent to check it asap - https://www.gov.uk/view-driving-licence
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