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FightBack Forums > Queries > Speeding and other Criminal Offences
derbydoo
Back in January I was pulled over for speeding in a 30mph zone. I was given a ticket, and told to produce my documents at a police station within 7 days. At this point in time, I did not have the counterpart to my driving license, as I had lost it. I told the policeman this and he said that if I went to the police station and explained this, they would fill out a form and send me a letter instead explaining what to do.

At this point, I applied for a replacement to the counterpart of my license from the DVLA. It did not turn up within 7 days, so I went to the police station to tell them this. The lady on the counter filled out the form as mentioned above, and took my ticket off me. I asked if I still needed the bit on the bottom with the address to send my fine to, but she said they had to take the whole thing as there was no way to enter me onto the fines system.

Fast forward a few weeks and I haven't received a letter, but I do now have my full replacement license. I went to the police station again to ask if I should be worried that I hadn't heard anything, as I didn't want them to double the fine when I had been more than willing to settle up quickly. She said that they must just have a backlog and I should continue to wait.

Of course I forgot all about it until today when a letter summoning me to court in July turns up. I now have to fill out a form saying if I'm going to attend, and whether I'm going to plead guilty or not. If I plead guilty, they automatically charge me £43 court costs as well as whatever penalties they want to imply for the original offence.

I can have them decide the case in my absence, but is it worth going to court to fight it? Should I contact them explaining that it should never have gone to court in the first place and I am perfectly willing to pay the original fine but they wouldn't let me? Should I plead guilty, pay the court costs, and the penalties, but also fill out this story on the Statement of Mitigation form?
derbydoo
Hi guys,

I know it's bad form to reply to yourself, but I've been reading around the other topics in this forum, and nobody seems to have posted a similar topic (that I can see) about not being able to produce your documents.

If this is the sort of thing that isn't covered by your expertise is there anywhere else anyone can recommend, or have I overlooked a topic/FAQ with the answer in?

Many thanks
jobo
some times it takes a little time

confused are you charged with the speeding and or failing to produce your licience

if it just the speeding then you can go and explain and they could give the orignial penalty plus costs



you can get a duplicare licience in 48 hours if you phone them

derbydoo
I'm only being charged with the speeding offence.

Really, I'm after advice as to how to deal with the summons.

The letter says that if I plead guilty I will be liable for the prosecution costs. Then, no doubt I'll have to pay the original fine plus a late payment penalty fine on top of that!

Should I turn up and argue that I've been waiting for a letter in order to pay the original fine, or should I just send off a guilty statement and let them get back to me with a potentially massive fine?

Thankyou for your reply by the way. I do now have the full license; I'm just scared about being hit with a massive bill when all along I jsut wanted to pay teh original fine. From your answer it looks like the court costs are now unavoidable.
The Rookie
You declined the FPN (that is could not accept it) if you plead guilty the magistrates are free to set the points and fine (there is no late payment penalty, as you haven't been required to pay anything!) as they wish, but if you emphasise that you would have accepted the FPN if you could, they may take this into account, but case law supports that they do not have to, costs of circa £40, plus the £15 victim support 'tax' will be probably be added to your fine, although the court can wave the costs if they want to (unlikley for your case).

Simon

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