FPN refund - what's going on??

FPN refund - what's going on??

Author
Discussion

thegreatsoprendo

Original Poster:

5,286 posts

251 months

Tuesday 26th July 2005
quotequote all
On 6th June, I got pulled for speeding on the M4 near Chieveley by a uniformed officer in an unmarked car. He proposed to deal with the offence by way of a fixed penalty for a speed of 95mph (in a 70mph limit), to which I agreed. He wrote out the FPN, and I attended my local police station within the 7 days allowed and surrendered my licence and showed my MOT and insurance certificates. I also sent off a cheque for the £60 fine well within the 28 day limit, which was duly cashed.

I haven't heard anything since and haven't had my licence returned to me, but today I recieved a £60 refund cheque in the post, along with a very brief letter from Thames Valley Fixed Penalty Payment Office saying:

[quote=Letter in its entirety] The above alleged offence can no longer be dealt with by the Fixed Penalty system so the payment you have attempted to make is hereby returned to you in the form of a refund cheque.[/quote]

I have had no communication from them other than this since the date of the offence. I assume they aren't dropping the case, so what on earth are they playing at? :confused:

telecat

8,528 posts

243 months

Tuesday 26th July 2005
quotequote all
Strange!!! If the FPN has been issued then there should not be any comeback unless you have 9 points already which I would have expected to have been picked up when you handed the licence in. I would also question that even if you have the 9 points and they have yet to contact you about the offence then the licence should have been returned to you. Where's DVD when you need him??

thegreatsoprendo

Original Poster:

5,286 posts

251 months

Tuesday 26th July 2005
quotequote all
telecat said:
Strange!!! If the FPN has been issued then there should not be any comeback unless you have 9 points already which I would have expected to have been picked up when you handed the licence in. I would also question that even if you have the 9 points and they have yet to contact you about the offence then the licence should have been returned to you. Where's DVD when you need him??

Nope I'm on 3 points at the moment, and this would've taken me to 6. The BiB did ask me that when he pulled me over!

Dwight VanDriver

6,583 posts

246 months

Tuesday 26th July 2005
quotequote all
One of three reasons:

1. Too many points. FPN taking you to the magical dozen. Thankfully this does not apply in your case as you say only three on the Licence. Or, are you a newly qualified driver and the pending 3 points , in two years since passing your test will make 6 and therefore revocation of your Licence?

2. Worrying in that the SCP are not complying with ACP Guidelines which advise (note the word advise)state it is a court appearance 96 and above in a 70 limit. Have they adopted their own policy and dropped the speed?

3. Fingers crossed. They cannot deal because they have made a cock up either faulty equipment/paperwork so they are NFA without an explanation in case they have to come clean and advise others and pay out.

May I suggest you consider writing back to clarify whether they are taking Court action or none at all. Also query the whereabouts of your Driving Licence.

DVD


>> Edited by Dwight VanDriver on Tuesday 26th July 20:36

princeperch

7,961 posts

249 months

Tuesday 26th July 2005
quotequote all
He got clocked at 95 DVD did he not, and by a plod in a car, so nothing to do with the scameraships? Although the ticket would have been processed in the ticket office at the local plod HQ?

I would have thought the most prudent thing to do is to wait and see if they bother to respond...they may be in such a clerical mess that youve slipped through the net? In the mean time cant you request a copy of the paper counterpart of your licence?

If I was you, id let sleeping dogs lie..

thegreatsoprendo

Original Poster:

5,286 posts

251 months

Tuesday 26th July 2005
quotequote all
Dwight VanDriver said:
One of three reasons:

1. Too many points. FPN taking you to the magical dozen. Thankfully this does not apply in your case as you say only three on the Licence. Or, are you a newly qualified driver and the pending 3 points , in two years since passing your test will make 6 and therefore revocation of your Licence?

2. Worrying in that the SCP are not complying with ACP Guidelines which advise (note the word advise)state it is a court appearance 96 and above in a 70 limit. Have they adopted their own policy and dropped the speed?

3. Fingers crossed. They cannot deal because they have made a cock up either faulty equipment/paperwork so they are NFA without an explanation in case they have to come clean and advise others and pay out.

May I suggest you consider writing back to clarify whether they are taking Court action or none at all.

DVD


Thanks DVD, to take your points one by one:

1. Nope, had a full licence for just over 14 years (clean until this year )

2.I doubt it - the BiB did tell me that 96mph or above was a compulsory court appearence, and that he could only issue a FPN for up to 95mph. If they have changed their policy, it seems this BiB was unaware, which seems unlikely.

3. Hopefully this is the case, but I somehow doubt I'll be that lucky! You would think that if they were dropping the case, for whatever reason, they would say so in their letter. As it is, their letter is spectacularly uninformative and raises more questions than it answers! The text I gave in my initial is literally the full extent of the letter, save for address details, reference numbers and the like.

If I don't hear anything further from them in the next day or two, I'll take your advice and send them a letter.

Dwight VanDriver

6,583 posts

246 months

Tuesday 26th July 2005
quotequote all
>>>>He got clocked at 95 DVD did he not, and by a plod in a car, so nothing to do with the scameraships? Although the ticket would have been processed in the ticket office at the local plod HQ? <<<<<<

Either the original or copy ticket would go through Plodshop like a well greased whatever to the Magistrates Clerks Office that look after the points/fine, which if not paid in time gets bounced for Court appearance. Are Mags Clerks not part of the SC Partnership?

The advice of wait and see has merit but if it was me I would want to know NOW instead of having a summons land on my door in three months time when I could have possibly thought it had died a natural death.

DVD

autismuk

1,529 posts

242 months

Wednesday 27th July 2005
quotequote all
Maybe there's just a paperwork botch or something & they decided it was simpler to let it go ?

7db

6,058 posts

232 months

Wednesday 27th July 2005
quotequote all
Maybe they've decided to raise the NSL to 95, and they just havne't told us yet?

(oh purlease, purlease...)

busa_rush

6,930 posts

253 months

Wednesday 27th July 2005
quotequote all
I thought that once a FPN had been issued and accepted, it was all done. You certainly can't question anything once you've accepted a FPN so how can the SCP/Plod change their mind ?

^Slider^

2,874 posts

251 months

Wednesday 27th July 2005
quotequote all
Its probly because the ticket was lost from our side.

I have had 3 pointers go missing between my nick and the fines unit.

thegreatsoprendo

Original Poster:

5,286 posts

251 months

Friday 29th July 2005
quotequote all
Just phoned them to find out what on earth is going on, and it seems they haven't received my driving licence, even though I surrendered it at my local Police station within the stipulated 7 days (i.e. almost 2 months ago!).

Apparently they can't do anything to find out where the hell my licence has disappeared to and the onus is on me to go back to the Police station and find out exactly where they sent it. If/when they manage to track it down, apparently they "might" still be able to deal with it through the fixed penalty system rather than having to go to court. Useless feckers!!

Dwight VanDriver

6,583 posts

246 months

Friday 29th July 2005
quotequote all
Keep a written record of all your too-ing and fro-ing in case they stick a summons on you and have the matter dealt with at Court. You should then have evidence that you were eligible for a Conditional Offer but through their mistakes this has been denied.
Should prevent more than 60/3 ?

DVD

jimbro1000

1,619 posts

286 months

Friday 29th July 2005
quotequote all
When you surrendered your license to the police you should have been given a receipt and a sheet of paper that can be used as a license while the real one is away. That is all the proof you need to satisfy the courts.

Of course if you never received anything then they can walk all over you...

thegreatsoprendo

Original Poster:

5,286 posts

251 months

Sunday 31st July 2005
quotequote all
jimbro1000 said:
When you surrendered your license to the police you should have been given a receipt and a sheet of paper that can be used as a license while the real one is away. That is all the proof you need to satisfy the courts.

Of course if you never received anything then they can walk all over you...

You don't get a receipt as such, but they fill in the section at the bottom of the FPN (issued at the roadside) and give it back to you, which you then use as your drivers licence. So, I've got proof that I handed my licence in, so I'm off to the cop shop now to try and get to the bottom of things!

thegreatsoprendo

Original Poster:

5,286 posts

251 months

Tuesday 2nd August 2005
quotequote all
Well, after much to-ing and fro-ing, I've just had a call back from Thames Valley FPO confirming my licence has indeed been lost. The only thing they're not sure about is who's to blame; them or my local police station.

They told me, I need to apply to the DVLA for a replacement licence and that may consider reimbursing me for the cost, but they can't guarantee it.

Question is, if I get a new licence, and never contact them again, what are the chances of them forgetting this intended prosecution ever existed?

Dwight VanDriver

6,583 posts

246 months

Tuesday 2nd August 2005
quotequote all
Its getting harder and harder to make any sense of this TGS.

You got the FPN direct from Plod and they took possession of your Licence. Copy of the FPN and your DL would be lodged with the Justices Clerk, who have been awaiting to receive your payment and put 3 points on your Licence which has done a runner somewhere between Plod and JC.

Through no fault of yours it now appears that there is an unresolved file with the JC Office so after 28 days then it is open for them to process to Court as FPN not paid and no DL.

What to to do?. You seemed to have done all that you can and have an admission from Plod it's their fault DL was lost. Twas me would get another Licence and send bill to Plod with threat of County Court action if not paid. Guess there is nothing else that you can do but sit tight and if the brown stuff hits the fan and summons issued you have the opportunity of making some very red faces. You never know it may just fade into nothingness, which to me seems the most appropriate solution.

DVD

thegreatsoprendo

Original Poster:

5,286 posts

251 months

Tuesday 2nd August 2005
quotequote all
Almost right DVD, except that I didn't surrender my licecnce to Plod at the roadside, I surrendered it at my local police station within the stipulated 7 days, along with my MOT & insurance certs. Somewhere along the line my licence has been lost as Thames Valley FPO claim never to have received it.

If I haven't heard anything further on the matter by the time my new licence arrives, I might just let sleeping dogs lie!