Summons to court after complying with fixed penalty offer

[LoonR1]

wildone63 said:

Time for an update,firstly i'll clear some confusion up
I got caught speeding on 2 consecutive days,but both fixed penalty offers arrived about 2-3 weeks apart,for the first offence i was subsequently offered and booked myself on the speed awareness course,this was even before the second fixed penalty offer arrived.A couple of weeks later,around the time i took the course the second fixed penalty offer arrived to which i admitted being the driver and sent off the £60 plus my licence to have points added.
When the fixed penalty office returned my licence and £60 stating that no further action would be taken due to my having completed the course i genuinely assumed that the fixed penalty office had decided that because both offences were on consecutive days (19hrs apart)and i had completed the course that it would not be in the public interest for me to be fined £60 and be given 3 points.So all posters who claim i was trying to 'keep quiet'or trying to hide something are wrong

daz3210 - ive now been told the fixed penalty office at morley is the central collection office for the north east and yorkshire.

covboy - can you tell me where in this thread i have written 'I’m going to forget about it'?

I spoke to the central collecting office at Morley today and it seems that they cocked up by neglecting to inform northumbria police that i had complied with the conditions of the fixed penalty offer,and they do still have a copy of the letter which they sent me stating that no further action would be taken against me.
I also spoke to northumbria police and explained the situation,and they are going to speak to their colleagues at Morley on monday about the matter,and i will be informed then as to how things stand.
The only thing which still could be a problem is that the fixed penalty office at Morley are now saying that their decision to take no further action against me was a mistake,and that the person who wrote that letter got mixed up between the first offence for which i took the course and the second offence for which i sent my licence and £60 to them,but if they go ahead with prosecution i will be contending that any decision made by the fixed penalty office whether right or wrong is not for debate at the court hearing and that the only matter that the court will be interested in hearing is that i complied with the conditions of the fixed penalty offer,and that no prosecution ought to have been started,and if the police still want their £60 and 3 points then that is a seperate matter and they will have to go and start all over again.

Re the bit in bold.

You didn't think to post on here about the 14 day limit for the NIP?

Assuming the first SAC offer arrived the day after the speeding incident (extremely unlikely), then the other would have had to arrive pretty soon after to comply with the posted within 14 days rule, certainly unlikely that you'd have returned it and completed the SAC before the other one arrived.

Something not right here.

[Deva Link]

wildone63 said:

It ought not even have to get to the stage where the court will be interested in hearing whether i was speeding or not.and there is no question about whether i was speeding,i already admitted that before i accepted the fixed penalty offer

Magistrates courts are very random - if it does get to court and you try and argue a procedural error they'll likely think you're a smartarse and whack you with a hefty fine.

[wildone63]

LoonR1 said:

Re the bit in bold.

You didn't think to post on here about the 14 day limit for the NIP?

Assuming the first SAC offer arrived the day after the speeding incident (extremely unlikely), then the other would have had to arrive pretty soon after to comply with the posted within 14 days rule, certainly unlikely that you'd have returned it and completed the SAC before the other one arrived.

Something not right here.

I got caught speeding in a lease van so it took a while for it to get back to me via the leasing company then my employers.
I did check up and both NIP's were sent within 14 days.

[Deva Link]

wildone63 said:

I imagine that most people would also be amazed if they proceed with this,
but then again......http://news.bbc.co.uk/1/hi/england/tyne/4203375.stm

I think you've got the wrong attitude, to be honest - there's nothing wrong with that. OK, many people do it, but if you get caught eating at the wheel you're likely to get done.

The difference in your case is that for speed camera offences they're after easy money. Your case is likely to get messy so it's a better use of their resources to spend time getting people on job creating speed awareness courses than it is preparing and fighting court cases.

[wildone63]

Deva Link said:

Magistrates courts are very random - if it does get to court and you try and argue a procedural error they'll likely think you're a smartarse and whack you with a hefty fine.

well if it does get to court there should be no dispute that a procedural error occured especially when the fixed penalty office have already addmitted it.
I think the court will realise i have a valid point.

[LoonR1]

wildone63 said:

well if it does get to court there should be no dispute that a procedural error occured especially when the fixed penalty office have already addmitted it.
I think the court will realise i have a valid point.

Two wrongs don't make a right though. You were still speeding and that's what you've been summoned to appear for. The fact that the confusion arose because you're a "serial speeder" could make the experience quite painful for your wallet and licence.

There is no compulsion on the Police / CPS to offer an FPN, so you're ending up in court for a speeding offence for which you are guilty. The only issue will be whether you can mitigate some of the costs by showing you accepted your punishment earlier.

You certainly won't be walking out with a clean licence.

[wildone63]

At the end of the day all i really want is for them to drop this false allegation that i failed to comply with the conditions of a fixed penalty offer,which has triggered this prosecution,afterwards they are free to go and take whatever action they can to get their £60 and 3 points awarded.i dont think thats too much to ask considering it was their error in the first place.Thats the thing that iam pissed off about.

[LoonR1]

wildone63 said:

At the end of the day all i really want is for them to drop this false allegation that i failed to comply with the conditions of a fixed penalty offer,which has triggered this prosecution,afterwards they are free to go and take whatever action they can to get their £60 and 3 points awarded.i dont think thats too much to ask considering it was their error in the first place.Thats the thing that iam pissed off about.

You've been summoned for speeding, as per your OP. The £60 and 3 points offer is now gone and the rules that apply are those of the courts sentencing guidelines which are far higher.

[streaky]

vonhosen said:

V8RX7 said:

vonhosen said:

V8RX7 said:

vonhosen said:

As far as I can see all that would be really unfair would be you having to pay a larger fine than the original FPN.

I've had this happen to me - DVLA cock up meaning I couldn't present my licence to take the FPN so I had to go to court - 5 points and £300 fine - that's good UK justice for you.

But he did present his licence.

I was offered a FPN - I couldn't take it up as the DVLA had my license.

He was offered a FPN and couldn't take it up due to a cock up - seems pretty similar to me.

Only his was a mistake by the prosecuting authority, not a third party.

I've missed you.

My blindness, or your absence?

Streaky

[wildone63]

Another update,manageress of fixed penalty office has admitted goof and that no summons should have been issued and has apologised and agreed to send this in writing for me.
Police have offered to withdraw summons if i now surrender my licence and send £60 a second time.they must think i was born yesterday,because i now KNOW that i can,if i wish,still appear at court and have it chucked out whether i have surrendered my licence again or not..
But before i make final decision i will be speaking to a solicitor to seek advice and see whether iam legally obliged to comply with any police request to surrender my licence a second time for same offence.