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Full Version: Speeding Happened In 31/12/07 Now They Are Asking Me To Pay
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whah.evah
Hi everyone,

Just want some advice on this.

On the 31st of December 2007 I was caught speeding on a 30 road doing a 36 mph. It was a bank holiday monday at past 1 pm and the road was almost empty.

The reason why I was at that speed was because my son, who just turned 4 years at that time, pooed in his undies and was screaming inside the car and managed to unbuckle his seatbelt. It was just a few months after I weaned my son from wearing nappies when going out. Before the accident my son was complaining tummy ache. Then he'd had a loose poo.

As he was sat at the backseat and managed to remove his seatbelt I started to panic and was rushing to reach the town centre which was just 2 miles away. It was very chaotic inside the car with him screaming and panicking so I wasn't able to concentrate on my driving and missed noticing the speed camera. I didn't even notice I was speeding up until I recieved a letter from the Lancashire Constabulary on the 4th of January 2008.

I admitted that I was driver of the car and explained what had happened and my situation. I don't have the original letter anymore as it was also the form I used to confirm that I was the driver of the vehicle.

I received another letter dated the 9th of January from the Manager of the Central Process Unit informing me that he/she understand my situation but since I am outside the criteria for a caution I was offered to take a speed awareness test. A form was attached to the letter. However, I am a single mother on incapacity benefit and will never be able to afford to pay £60 or £80. Christmas has just passed and I really just didn't have the money.

The form I was given gave me a choice of either paying £60 and 3 points or £80 for a speed awareness course. I didn't have any other choice. As I don't have any money I didn't return the form. I tried to ask help from my MP but was told he can't do anything. So I had no choice but to not to do anything about the form.


Then this morning (August 16), after almost 8 motnhs since the speeding happened, I recieved a letter from Lancashire Constabulary telling me to pay £60 and submit my paper licence. They said that if they did not hear back from me in 7 days summons will be prepared for the case to heard by the Magistrates' Court.

Please advice me what to do. I am a very good driver. Never had any speeding in the past. I passed my theory test and practical test with flying colors. The only reason why this happened was becasue of my son's situation. I am suffering from depression and panic attacks and that situation was just too much for me to handle at that time. I was driving and my son was screaming and trying to take off his undies with lose poo at the backseat.

Thank you very much and I hope to hear your advice. smile.gif
andy_foster
Ignore it. They had to lay an information with the court (apply for a summons) within 6 months of the alleged offence. Although the summons can be served after this time, an information cannot be laid while a COFP is 'live' - which yours apparently still is.
davepoth
I'm a little confused by that AF, surely if the COFP is ignored it's normal for the case to be referred to the CPS?
nemo
QUOTE (davepoth @ Sat, 16 Aug 2008 - 21:39) *
..surely if the COFP is ignored it's normal for the case to be referred to the CPS?

Timescales for prosecution.
andy_foster
QUOTE (davepoth @ Sat, 16 Aug 2008 - 21:39) *
I'm a little confused by that AF, surely if the COFP is ignored it's normal for the case to be referred to the CPS?


Speeding cases are not 'referred to the CPS'. What happens is that the police lay an information, a summons is served and, if the accused pleads not guilty the, the file is handed to the CPS who take over. Even if the case were 'referred to the CPS', wtf do you think that they are going to be able to do as it is far too late to lay an information?
davepoth
Ah sh*t, I see what I've done, I didn't see that the letter asking for the OP's license wasn't actually a summons.

In which case, do exactly what Andy_Foster says.
whah.evah
QUOTE (andy_foster @ Sat, 16 Aug 2008 - 19:57) *
Ignore it. They had to lay an information with the court (apply for a summons) within 6 months of the alleged offence. Although the summons can be served after this time, an information cannot be laid while a COFP is 'live' - which yours apparently still is.



Hi Andy,

Thanks for the advice. I am just wondering what a COFP means. Pardon my ignorance.

smile.gif
The Rookie
Conditional offer of a fixed penalty...

When sent by post they don't know if you can accept (eg you can't if on more han 8 points as you will get a totting ban) or if you will (hence 'offer'.

Simon
whah.evah
Dear Simon,

Thank you for the information.

smile.gif
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