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CNev237930
Hello there. Today in the post I have received a court summons for 16th November about a speeding offence I committed in Rochdale. Offence committed 7th May. The thing is that shortly after receiving my photo evidence I returned the form and sent it back to drive safe opting for speed awareness course rather than the three points on my license. I phoned drivesafe up today and they said that the offer was withdrawn because they did not receive my letter. I have checked my credit card and they never took the payment. I suppose it was naive on my behalf to simply assume they had let it drop but I have heard of speeding fines being revoked due to legal technical issues before. What should I do now? I no longer have the evidence they supplied but it showed my car doing 38 in a 30 zone. I remember seeing the person with a speed camera. The reason I thought they might have let it slip however was that there were no prior warnings of a speed camera zone on that road and the person with the speed gun was just dressed in a high visibility jacket and not a police officer. Also the van that they were stood by was plain white with no camera markings on it and they were located just around a bend which caught me as soon as they came into vision. I highly doubt that I will be believed in court if I say I sent the form off but it was never received so are there any issues with the nature of the way I was caught? I remember on the day that I presumed the man was simply a deterrent as there were no warning signs and he was certainly not a police officer.
My licence just became clean in June this year and now I fear that my insurance costs will go up a lot due to 6 points in the last 5 years.
Thanks in advance for any advice,
Chris
jobo
sorry mate, but can you just confirm, what charge(s) are written on the summons
CNev237930
On 07/05/10 at Rochdale drove a motor vehicle, namely a large goods vehicle or passenger carrying vehicle, Vauxhall Signum (REG NO) on a restricted road, namely Bury New Road Rochdale, at a speed exceeding 30 miles per hour. Contrary to section 81(1) of the Road Traffic Regulation Act 1984 and Schedule 2 to the Road Traffic Offenders Act 1988.
This offence carries penalty points
jobo
ok, well it seems that prior to the this form, you had written back iding the driver, and as well as a SAWs course you were also given a COFP ?

the course and the COFP are both long gone, though it may be that you can get the court to only apply the 3 points/ 60 quid that the fixed penalty would have given you
CNev237930
Sorry, do you mean hiding the driver? I had admitted liability in the speed awareness form that I sent back. I guess the best thing would be to go to court and plead guilty but try to explain that I did send the form back but it must have been lost?
The Rookie
While it is unlikely the court will decide not to levy any punishment at all, it is worth pleading guilty and presenting the facts to the court, point out that you had no way of knowing the form had not arrived, point out that at worst you would have been expected to suffer the same penalty as the fixed penalty (3pts and £60 fine) and ask for the court to consider this. I think it unlikley they will agree to no punishment, but they may well levy only the fixed penalty level.

Simon
jobo
no mate i mean naming your self

what your saying doesnt make sense,, if you named your self in the letter you sent but they lost, you would now be charged with failing to name yourself

either they got your letter or they didnt
CNev237930
I did name myself as the driver on the first form that they sent me then they sent the option to take either the speed awareness course or 3 points plus a fine. I shall do that Simon. Cheers for advice all. I take it there is nothing I could do to get it overturned regarding the lack of camera warning signs?
desktop_demon
Not much of a defence in the "no camera warning signs" issue. There might be with the siting/lighting of the speed limit signs but that is another issue.

If the Op appears in court and explains the situation I suppose the court would be minded to impose the same penalty as the original COFP option. I don't think the court can impose a SAC without anything else. The court should also add a £15 "victim surcharge" to any fine. So with travelling and the use of the time, the court is slightly more expensive than a COFP

good luck!
redloner
QUOTE (CNev237930 @ Thu, 4 Nov 2010 - 13:54) *
shortly after receiving my photo evidence I returned the form and sent it back to drive safe opting for speed awareness course

I don't suppose you sent it signed-for, or special delivery?
CNev237930
No I didn't. I guess I should have done really
gijsbert_bos
QUOTE (CNev237930 @ Thu, 4 Nov 2010 - 17:37) *
No I didn't. I guess I should have done really



Probably would have been a good idea! I think my SAC offer letter from Leics even recommended sending it recorded/signed for. How very thoughtful of them! dry.gif
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