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Bealj90
Hello!

I'm hoping that you can make things a little clearer for me...

I got a speeding ticket and I paid the fine.

Just a few days ago, I have recieved a court letter saying for the same offence that I had just paid for, I'm receiving another 3 points on my license. Can they do that or has something has gone wrong in the system. As I certainly do not have the money to pay for a £360 fine when I have paid for the original £100 fine and 3 points given to me initially.

Thank you for all your help, I just wanted to get things cleared up before calling the courts on Monday.

B
Logician
Did you send off your licence as well as pay the fine online? If you failed to do that, you have not complied with the conditions of the fixed penalty and it has gone to court instead, and they will eventually refund the £100. You should though have received a notice that this was happening and asking about your income, do you recall anything like that?
Redivi
This makes no sense

How can you receive a £360 fine and points without first being charged and asked for a Guilty/Not Guilty plea ?
Jlc
Seemingly convicted in absence using default figures - but why the SJPN letter was lost/missed is the question...
Bealj90
QUOTE (Jlc @ Sat, 17 Aug 2019 - 13:08) *
Seemingly convicted in absence using default figures - but why the SJPN letter was lost/missed is the question...



I never got the letter and I had already sent off my licence to have the points added on. Was I supposed to go to court to have the points added on my license? Thanks guys!!



QUOTE (Logician @ Sat, 17 Aug 2019 - 02:08) *
Did you send off your licence as well as pay the fine online? If you failed to do that, you have not complied with the conditions of the fixed penalty and it has gone to court instead, and they will eventually refund the £100. You should though have received a notice that this was happening and asking about your income, do you recall anything like that?



Sent my licence off and received it back roughly two weeks after paying the fine. Didn't get any letter asking me about my income.

Thanks for your help!
Redivi
I got a speeding ticket and I paid the fine.

I'm reading this to mean that you were handed a Fixed Penalty ticket at a roadside stop, not received by post a Conditional Offer of Fixed Penalty after receiving a Notice of Intended Prosecution

Whatever you received, it would have included instructions to pay it, where to send your licence and a deadline

Did you meet the deadline ?

If it was a FPN not a COFP, I'm puzzled because my understanding is that an unpaid FPN is passed to magistrates where it is increased by 50% and enforced as a fine
This doesn't square with £360

You'd better tell us the full story - dates, titles of letters, what you sent and where
It might explain who has messed up

Have you checked your licence on the DVLA website to see if you have three points or six ?

Either way, your next step is to make the Statutory Declaration that you knew nothing about the SJPN
You will usually be asked how you want to plead

Unless anyone has a better idea, that will have to be Not Guilty
Don't think there's a box to tick for "prosecution isn't possible"



Bealj90
QUOTE (Redivi @ Sat, 17 Aug 2019 - 22:53) *
I got a speeding ticket and I paid the fine.

I'm reading this to mean that you were handed a Fixed Penalty ticket at a roadside stop, not received by post a Conditional Offer of Fixed Penalty after receiving a Notice of Intended Prosecution

Whatever you received, it would have included instructions to pay it, where to send your licence and a deadline

Did you meet the deadline ?

If it was a FPN not a COFP, I'm puzzled because my understanding is that an unpaid FPN is passed to magistrates where it is increased by 50% and enforced as a fine
This doesn't square with £360

You'd better tell us the full story - dates, titles of letters, what you sent and where
It might explain who has messed up

Have you checked your licence on the DVLA website to see if you have three points or six ?

Either way, your next step is to make the Statutory Declaration that you knew nothing about the SJPN
You will usually be asked how you want to plead

Unless anyone has a better idea, that will have to be Not Guilty
Don't think there's a box to tick for "prosecution isn't possible"



So I had a speeding ticket by the speed camera in around March, received the letter for it in may. I paid the ticket in Mid June as they gave 28 days for paying and sending the license in order for the points to be added.

The court letter I recieved explaining the costs showed £100 for the original fine..£200 for court expenses and £60 victim charge.

I haven't checked the DVLA, but I'll look now. Also how to do the Statutory Declaration? Can I call the court on Monday to do this?

Thank you for your help!
The Rookie
Those numbers for the court make no sense at all. Could you scan/photo and post the letter (personal details redacted)?

What you paid was a conditional offer of a fixed penalty, if you fail to pay that and it goes to court you are sentenced per the sentencing guidelines and it should never have looked like that.

If you fail to pay (or car test) a fixed penalty notice (sounds similar, but NOT the same) then you are summonsed for the failure to pay and are given a multiple of the original penalty notice.
Redivi
The dates make no sense at all either

A speeding event in March results in a Notice of Intended Prosecution to the registered keeper two weeks later
If you're not the registered keeper such as lease car, it will take longer before you receive anything

Stop using vague dates and names like "ticket" and "letter"
Use the proper titles and list all the events and documents in exact date order

Date 1 Speeding event
Date 2 Notice of Prosecution received + S172 Request to name driver
Date 3 Returned S172 form
Date 4 Received COFP
Date 5 Sent payment and licence
Etc
Slapdash
Has the 100 you paid for the COFP (if that is indded whst you were responding to) found its way back into your account ?
bill w
Just another question to chuck in the pot, and I've not though this through fully with all the numbers; is OP certain that there is only one alleged offence, rather than one they think they have dealt with, and another which has gone missing in the post.
southpaw82
QUOTE (The Rookie @ Sun, 18 Aug 2019 - 08:04) *
If you fail to pay (or car test) a fixed penalty notice (sounds similar, but NOT the same) then you are summonsed for the failure to pay and are given a multiple of the original penalty notice.

No you’re not. There is no summons, the fine is increased by 50% and sent to the court for enforcement.
andy_foster
QUOTE (The Rookie @ Sun, 18 Aug 2019 - 08:04) *
If you fail to pay (or car test) a fixed penalty notice (sounds similar, but NOT the same) then you are summonsed for the failure to pay and are given a multiple of the original penalty notice.


AIUI actual endorseable FPNs issued at the roadside are as rare as hen's teeth.
Ignoring the fact that most FPNs issued at the roadside were not actually FPNs, but notices under (IIRC) s. 54(4) RTOA 1988 which automagically became FPNs if the accused surrendered his licence at a police station within the 7 days, the decision making has been centralised for some time, and TORs are issued at the roadside.

As SP has stated, failing to pay an actual FPN (in the context of the Road Traffic Acts) results in the court increasing the penalty by 50% and recording it as a fine.
Contesting the FPN (also known as requesting a court hearing) results in a summons for the underlying offence.

It seems abundantly clear that the ticket the OP paid was a COFP. However, the devil is often in the details, and the OP has so far spared us from most of those.

If the COFP was properly accepted/complied with, and the OP was not liable to tot up, then there is a statutory bar on prosecuting him for that offence (s. 78(2) RTOA 1988).
Bealj90
So I thought, I'll give you guys an update...

I have spoken to the courts and have explained my situation. They had suggested that I do a Statutory Declaration in order for the case to be reviewed.

Hopefully, this is the beginning of the end and I want to thank you guys so much for providing so much information! It really helped when I was phoning up the court. I will give you a further update once this is finally resolved.

Thanks again, I really appreciate all the help you guys gave me.

B
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