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satchy_b
Hi,

I'll try to keep this as brief as possible...

From my perspective, I was stopped for speeding on 31st December 2016 by a police car at the side of the road, using a speed gun (I was doing 42 mph in 30 zone). They asked for my licence to check my details and (I had to confirm I was the driver and owner) but I was not issued any paperwork only read my rights and given the standard verbal warnings.

I was told I'd receive information through the post and that it'd be likely that I'd get to go on a speed awareness course and therefore not get points or a fine. However, I never received anything.

I went to work today and they've been instructed by the courts to take £569 out of my wages. (And I have 3 points on my licence.)

What appears to have happened is that all the letters were sent to number 47 (when my house is number 41). All my details are correct with DVLA so I assuming this must be due to a police admin error.

I contacted the courts and the best I've managed to achieve is another hearing in 18th Oct where I am to swear/declare that I was not aware of the situation and did not receive any notices through the post and that the first I was aware was on 2nd October (10 months after the incident).

From what I've read (on here) I believe I'll be expected to plead guilty or not guilty to the speeding offence.

I'm worried that if I plead guilty they'll ignore the police error and instead of getting to go on the speed awareness course, they'll just reduce my fine (at best) and I'll still get 3 points.

In this situation is it best to plead 'not guilty' on the grounds that had the correct processes taken place I wouldn't be in court and I received the notifications outside of (as I understand it) the 6 month window, in the hope the whole thing will be thrown out of court? Or will this just lead to extra court costs and not get me the result I'm after?

i.e. Is there a way out of this or is the best result I'm going to get a (reduced) fine and 3 points?

Also, I'm guessing I'll have some sort of charge/CCJ against me. Will this be taken off (or at least will I be given a letter so I can write to credit agencies to have it removed) given that it was not my fault that it got this far?

Any advice would be much appreciated.

Thanks
KY
southpaw82
You're not going to get to go on a course. Your best realistic result is to be sentenced at the fixed penalty level of 3 points and £100 fine.
cp8759
QUOTE (satchy_b @ Mon, 2 Oct 2017 - 22:35) *
I'm worried that if I plead guilty they'll ignore the police error and instead of getting to go on the speed awareness course, they'll just reduce my fine (at best) and I'll still get 3 points.

The court does not have any power to send you on a speed awareness course. All you can do is explain the situation and ask the court to issue a fine in line with the fixed penalty amount.

QUOTE (satchy_b @ Mon, 2 Oct 2017 - 22:35) *
In this situation is it best to plead 'not guilty' on the grounds that had the correct processes taken place I wouldn't be in court and I received the notifications outside of (as I understand it) the 6 month window, in the hope the whole thing will be thrown out of court? Or will this just lead to extra court costs and not get me the result I'm after?

i.e. Is there a way out of this or is the best result I'm going to get a (reduced) fine and 3 points?

You're unlikely to do better than a reduced fine and three points. The six months time limit is for them to start the court process, it doesn't matter when you received the notification. There is no requirement to serve it on you within six months. Delaying proceedings won't help at all and in any case you have a duty to help the court progress the case efficiently and expeditiously.

QUOTE (satchy_b @ Mon, 2 Oct 2017 - 22:35) *
Also, I'm guessing I'll have some sort of charge/CCJ against me. Will this be taken off (or at least will I be given a letter so I can write to credit agencies to have it removed) given that it was not my fault that it got this far?

The police haven't sued you in the County Court so there is no County Court Judgment, this is a Magistrates' Court matter that credit reference agencies will know nothing about, criminal convictions do not show up on your credit file.
Jlc
That excess is in the 4-6 points sentencing band but as noted the courts should take heed of the guidance: (Page 453 of April 2017 Magistrates' sentencing guidelines)

QUOTE
 the fact that the offender did not take advantage of the penalty (whether that was by requesting a
hearing or failing to pay within the specified timeframe) does not increase the seriousness of the
offence and must not be regarded as an aggravating factor. The appropriate sentence must be
determined in accordance with the sentencing principles set out above (including the amount of
any fine, which must take an offender’s financial circumstances into account), disregarding the
availability of the penalty;
 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. A list of offences for which penalty notices are available, and the amount of
the penalty, is set out in Annex B.


...they may need reminding - the circumstances as described should be right considered.
satchy_b
I had my court hearing yesterday.

I actually had the fine plus 4 points and managed to get it changed to £100 fine and 3 points which I think is probably the best outcome in this situation.

Thank you all for your help.
cp8759
Sounds like a fair outcome, thanks for letting us know.
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