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FightBack Forums > Queries > Speeding and other Criminal Offences
chrispysmith
Hi guys,

Way back in January I was caught by a policeman on his bike whilst I was doing 98mph on a 70mph stretch of dual carriageway in Essex. I was given a FPN and paid the £60 fine immediately after returning home to Hampshire. I then tried to find the paper counterpart to my license, but couldn't find it. I went to the Police Station with my photocard and explained the situation, but as expected they couldn't accept one part without the other.

I am in the Royal Navy and 2 days later I sailed from Portsmouth on a 7 month deployment to the far-east. I made several attempts to contact the central ticket office in chelmsford and was told each time that there was little I could do. I eventually got hold of someone by email at the ticket office and he said that the matter had been passed back to the Police who would decide whether to take the case to court. Shortly afterwards the £60 fine was refunded to my bank account.

I then sent a letter to the PC who had given me the FPN, explaining the situation I was in and asking that any summons be delayed until my return to the UK on 1st August. I didn't get a reply to this letter, but on my return home I got a summons dated 1st August, so I'm guessing he got my letter. The summons date was 1st September and I pleaded guilty by post as to be honest I just want to get the whole matter done with.

I've now got a notice of new date of hearing from the court saying that the case has been adjourned due to 'an application being made by the prosecution'. Does anyone have any idea what this might mean? I had thought that, having explained the siuation in the mitigation I sent with my plea, I would probably be fined a little more than the original £60 and that would be that. I'm now getting concerned that they will treat this as if I had never got a FPN, despite there being absolutely nothing I could do about whilst being out of the country. Does anyone have any experience of anything similar or anyone have any idea where things might go from here?

Thanks very much in advance for everyone's help and comments.
BaggieBoy
They maybe considering a ban, see the mag guidelines:

chrispysmith
Really? You don't think the fairly unique circumstances will stand for anything? I physically could not do anything about it which is the most frustrating thing.

I now have a new paper counterpart, should I surrender my license now or wait on the outcome of the hearing?
jobo
i think you missed the boat with surrendering liciences

you were lucky to get an fpn for that speed in the in the first place

now one of two things has happened

they are considering a ban, a bit harsh for 90 something in a 70 but not impossible

or you all ready have points and the 5 or 6 your likely to get for this offence will take you over 12 and result in a tot ban
chrispysmith
Well in that case it must be the former, as up until now I have a clean license.

I just can't believe that I'm going to go from a £60 fine and 3 points to a potential ban purely because I lost a piece of paper and was out of the country (serving Queen and Country I might add!) so couldn't do anything about it. It just seems like such a waste of the court's time and yet there appears to be nothing at all I can do about it.

As an aside, on all the documentation the location of the offence is given as Felstead. The location is actually spelled Felsted, would that have had any bearing had I decided to plead not guilty? Not that I intend to, but it would be interesting to know.
BaggieBoy
QUOTE (chrispysmith @ Thu, 18 Sep 2008 - 19:03) *
As an aside, on all the documentation the location of the offence is given as Felstead. The location is actually spelled Felsted, would that have had any bearing had I decided to plead not guilty? Not that I intend to, but it would be interesting to know.
It wouldn't have made any difference, when the error was pointed out, the CPS would ask for the information to be amended under the "slip rule". The court would almost certainly agree to this. You were unlikely to be mislead by the error, and so it is of no consequence.
chrispysmith
For info, I ended up with a £60 find and 3 points for this one which was a result after all the hassle...

Almost a year to the day and I've been caught again, this time by a manned camera van whilst doing 89mph on a 70mph dual-carriageway. I can't believe I've been caught again, assholes!
jobo
NIP wizard ?
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