Court Summons for speeding - Help/advice needed.

Court Summons for speeding - Help/advice needed.

Author
Discussion

Never you mind

Original Poster:

1,507 posts

112 months

Wednesday 15th April 2015
quotequote all
Facts.

Caught by scamera van doing 91 on the motorway.

Nip sent and returned.

Fine paid.

Sent Driving license.

Rang up SCP in March asking for my license back. Informed it was lost..backtracked a bit and told it wasn't received. New license applied for with DVLA and sent back to SCP 2 weeks ago.

Court summons for speeding arrived last week.

Any advice welcome.

agtlaw

6,712 posts

206 months

Wednesday 15th April 2015
quotequote all
See page 189 of this document (p.183 of the pdf)

http://www.sentencingcouncil.org.uk/wp-content/upl...

Include reference to the aforementioned in your written representations.

dogzilla

157 posts

211 months

Wednesday 15th April 2015
quotequote all
Get your evidence together and go to court and contest it. Assuming you've done your bit it shouldn't be a problem and the whole thing should be thrown out.

Sheepshanks

32,752 posts

119 months

Wednesday 15th April 2015
quotequote all
Never you mind said:
Fine paid.

Have they taken the payment? (It's a penalty, by the way).

agtlaw

6,712 posts

206 months

Wednesday 15th April 2015
quotequote all
dogzilla said:
Get your evidence together and go to court and contest it. Assuming you've done your bit it shouldn't be a problem and the whole thing should be thrown out.
Meanwhile, back in the real world...

The Surveyor

7,576 posts

237 months

Wednesday 15th April 2015
quotequote all
OP, when you sent them your driving licence originally, did you sent it to them 'Recorded Delivery', as in are you able to provide any confirmation that they actually received it?

Never you mind

Original Poster:

1,507 posts

112 months

Wednesday 15th April 2015
quotequote all
The Surveyor said:
OP, when you sent them your driving licence originally, did you sent it to them 'Recorded Delivery', as in are you able to provide any confirmation that they actually received it?
No I foolishly just stuck it in the normal post.

Penalty was paid on the 23rd December to HMCOURTS. No refund has been given.


Never you mind

Original Poster:

1,507 posts

112 months

Wednesday 15th April 2015
quotequote all
agtlaw said:
See page 189 of this document (p.183 of the pdf)

http://www.sentencingcouncil.org.uk/wp-content/upl...

Include reference to the aforementioned in your written representations.
Which part? I'm a bit thick when it comes to law stuff.

agtlaw

6,712 posts

206 months

Wednesday 15th April 2015
quotequote all
Never you mind said:
No I foolishly just stuck it in the normal post.

Penalty was paid on the 23rd December to HMCOURTS. No refund has been given.
No refund!

Assuming not, but has your licence been endorsed for this offence?

https://www.viewdrivingrecord.service.gov.uk/drivi...


chriscpritchard

284 posts

165 months

Wednesday 15th April 2015
quotequote all
Never you mind said:
Which part? I'm a bit thick when it comes to law stuff.
I'd imagine
SGC said:
where a penalty notice was not offered or taken up for reasons unconnected with the offence
itself, such as administrative difficulties, the starting point should be a fine equivalent to the
amount of the penalty and no order of costs should be imposed. The offender should not be
disadvantaged by the unavailability of the penalty notice in these circumstances. A list of offences
for which penalty notices are available, and the amount of the penalty, is set out in Annex B.

Never you mind

Original Poster:

1,507 posts

112 months

Wednesday 15th April 2015
quotequote all
agtlaw said:
No refund!

Assuming not, but has your licence been endorsed for this offence?

https://www.viewdrivingrecord.service.gov.uk/drivi...
I only mentioned refund as when I spoke to the court clerk she said they give a refund if it comes to court.

Don't have my license number so can't check.


agtlaw

6,712 posts

206 months

Wednesday 15th April 2015
quotequote all
Call DVLA and ask for all endorsements. Telephone: 0300 790 6801

Never you mind

Original Poster:

1,507 posts

112 months

Wednesday 15th April 2015
quotequote all
agtlaw said:
Call DVLA and ask for all endorsements. Telephone: 0300 790 6801
Only my old ones. Not the new one. Guess I am screwed then or maybe the SCP will post my non endorsed license back to me so I can provide it to the court?

untakenname

4,969 posts

192 months

Wednesday 15th April 2015
quotequote all
If they first said it was lost and then backtracked then ask for the audio recording.

Sheepshanks

32,752 posts

119 months

Wednesday 15th April 2015
quotequote all
Never you mind said:
Only my old ones. Not the new one. Guess I am screwed then or maybe the SCP will post my non endorsed license back to me so I can provide it to the court?
They can't post it back to you if they never received it.

Is paying the penalty an online thing now? IIRC I sent a cheque off with mine but it was a quite a few years ago.

It would seem logical that if you've paid the penalty they you should be OK once the admin is sorted out. However if they now regard sending in your licence as a separate and vital step then you could be stuffed.

Xtravia9

7 posts

122 months

Thursday 16th April 2015
quotequote all
You can get your driving licence number here:

https://www.viewdrivingrecord.service.gov.uk/drivi...