Court Summons from Speeding offence -advice please!
Discussion
Hi all,
I was clocked speeding at 44mph in a 30 zone back in July. I admitted the offence, paid the find and submitted my licence details. Or so I thought.
I received a SJPN through the post over the weekend, as evidently it seems that the licence details were never received.
My understanding is that the court summons effectively replaces the Fixed Penalty Notice, so I should be pleading guilty to the offence and stating my mitigating/administrative issues. Obviously I now wish I'd sent it as recorded mail.
I had two quick questions, one, just checking my understanding of the above is correct?
And second, any views on whether I should attend in court? (this is something I need to state on the SJPN). I am minded to attend, and "state my case" in person. The 3pts for this offence will take me to 9pts, and so I am just uber nervous of any additional points!
And yes, I need to take heed. I genuinely have been driving so much more carefully since July, and think the penny has finally dropped on my need to slow down!!
Thanks in advance
Steve
I was clocked speeding at 44mph in a 30 zone back in July. I admitted the offence, paid the find and submitted my licence details. Or so I thought.
I received a SJPN through the post over the weekend, as evidently it seems that the licence details were never received.
My understanding is that the court summons effectively replaces the Fixed Penalty Notice, so I should be pleading guilty to the offence and stating my mitigating/administrative issues. Obviously I now wish I'd sent it as recorded mail.
I had two quick questions, one, just checking my understanding of the above is correct?
And second, any views on whether I should attend in court? (this is something I need to state on the SJPN). I am minded to attend, and "state my case" in person. The 3pts for this offence will take me to 9pts, and so I am just uber nervous of any additional points!
And yes, I need to take heed. I genuinely have been driving so much more carefully since July, and think the penny has finally dropped on my need to slow down!!
Thanks in advance
Steve
So, my understanding of the process is:
1. Notice of speeding offence - which you need to respond to confirm you were the driver
2. They then issue the fine where there are two actions, one to pay the £100 FPN, and two to submit licence details so they can be endorsed.
I effectively did 1 and 2a correctly, but 2b incorrectly (in that the details I submitted were never received).
1. Notice of speeding offence - which you need to respond to confirm you were the driver
2. They then issue the fine where there are two actions, one to pay the £100 FPN, and two to submit licence details so they can be endorsed.
I effectively did 1 and 2a correctly, but 2b incorrectly (in that the details I submitted were never received).
I've nothing much to add, simply to say if this were me, I'd see what the experts say on here, then I'd be checking
How did you buy your stamp - card in the post office (hopefully)
Did you walk to the postbox with your phone, ideally google\apple might have tracked that
Do you live with anyone could they write you a statement explaining what you did
Then dress up smart and try to explain things with any evidence you have!
As a minimum I walk to my local post office, pay with a card and generally send way over the top for anything important, recently recorded to DVLA for a plate and paid £11 tracked and signed for, to return a £200 package of clothes back, just in case, then again I'm paranoid!!!!
How did you buy your stamp - card in the post office (hopefully)
Did you walk to the postbox with your phone, ideally google\apple might have tracked that
Do you live with anyone could they write you a statement explaining what you did
Then dress up smart and try to explain things with any evidence you have!
As a minimum I walk to my local post office, pay with a card and generally send way over the top for anything important, recently recorded to DVLA for a plate and paid £11 tracked and signed for, to return a £200 package of clothes back, just in case, then again I'm paranoid!!!!
sg0102 said:
So, my understanding of the process is:
1. Notice of speeding offence - which you need to respond to confirm you were the driver
2. They then issue the fine where there are two actions, one to pay the £100 FPN, and two to submit licence details so they can be endorsed.
I effectively did 1 and 2a correctly, but 2b incorrectly (in that the details I submitted were never received).
You have to prove you sent it. 1. Notice of speeding offence - which you need to respond to confirm you were the driver
2. They then issue the fine where there are two actions, one to pay the £100 FPN, and two to submit licence details so they can be endorsed.
I effectively did 1 and 2a correctly, but 2b incorrectly (in that the details I submitted were never received).
You don't have a court summons. You have received a SJPN.
Pleading guilty online is likely the best option. Do not elect a court hearing. Explain the circumstances. Invite the single magistrate to impose a fine (and points) equivalent to a fixed penalty.
N.b. If court proceedings are commenced then 44/30 mph is usually 4-5 points, a fine, surcharge and prosecution costs.
Pleading guilty online is likely the best option. Do not elect a court hearing. Explain the circumstances. Invite the single magistrate to impose a fine (and points) equivalent to a fixed penalty.
N.b. If court proceedings are commenced then 44/30 mph is usually 4-5 points, a fine, surcharge and prosecution costs.
sg0102 said:
Which I can't. Unfortunately.
In the eyes of the law (and probably a few on here) you didn't send it. I don't know where you stand in terms of having done everything else in time. It's a process that has had every trick you can think of used by people looking to get off on a technicality used so I would say not having any proof of sending doesn't put you in a strong position (and was ill-advised from the off). stemll said:
Terminator X said:
Unfortunately the Mags will f
k you over. They won't care about what led to you getting to court.
Definitely attend in person.
TX.
Or take the advice from the barrister (agtlaw) about 5 posts up. If you go to court you will likely get more points and pay more.k you over. They won't care about what led to you getting to court. Definitely attend in person.
TX.
TX.
sg0102 said:
Hi all,
I was clocked speeding at 44mph in a 30 zone back in July. I admitted the offence, paid the find and submitted my licence details. Or so I thought.
I received a SJPN through the post over the weekend, as evidently it seems that the licence details were never received.
My understanding is that the court summons effectively replaces the Fixed Penalty Notice, so I should be pleading guilty to the offence and stating my mitigating/administrative issues. Obviously I now wish I'd sent it as recorded mail.
I had two quick questions, one, just checking my understanding of the above is correct?
And second, any views on whether I should attend in court? (this is something I need to state on the SJPN). I am minded to attend, and "state my case" in person. The 3pts for this offence will take me to 9pts, and so I am just uber nervous of any additional points!
And yes, I need to take heed. I genuinely have been driving so much more carefully since July, and think the penny has finally dropped on my need to slow down!!
Thanks in advance
Steve
Have you actually paid the fine and have proof that the £100 has been accepted?I was clocked speeding at 44mph in a 30 zone back in July. I admitted the offence, paid the find and submitted my licence details. Or so I thought.
I received a SJPN through the post over the weekend, as evidently it seems that the licence details were never received.
My understanding is that the court summons effectively replaces the Fixed Penalty Notice, so I should be pleading guilty to the offence and stating my mitigating/administrative issues. Obviously I now wish I'd sent it as recorded mail.
I had two quick questions, one, just checking my understanding of the above is correct?
And second, any views on whether I should attend in court? (this is something I need to state on the SJPN). I am minded to attend, and "state my case" in person. The 3pts for this offence will take me to 9pts, and so I am just uber nervous of any additional points!
And yes, I need to take heed. I genuinely have been driving so much more carefully since July, and think the penny has finally dropped on my need to slow down!!
Thanks in advance
Steve
The alarm bells would have started ring with me when I didn't receive my licence back, I would have chased it up.
If your licence is lost you'll need to apply for a new one.
I've never understood why they insist on sending/returning licences in this digital world, loads must go missing/stolen.
If your licence is lost you'll need to apply for a new one.
I've never understood why they insist on sending/returning licences in this digital world, loads must go missing/stolen.
Glassman said:
In the eyes of the law (and probably a few on here) you didn't send it. I don't know where you stand in terms of having done everything else in time. It's a process that has had every trick you can think of used by people looking to get off on a technicality used so I would say not having any proof of sending doesn't put you in a strong position (and was ill-advised from the off).
It's an odd dichotomy - if a govt department sends you some thing by royal mail then it is deemed to have been delivered? (IIRC)MARLBOROLITES said:
So I’m in a similar situation. I received notification that I’d been clocked doing 46 in a 40. I acknowledged that it was me and awaited the conditional offer. The next correspondence I received was the court summons. This referred to the issue of the conditional offer which I hadn’t responded to. If I had received that conditional offer I would have bloody well responded to it. I’m amazed important documentation such as that isn’t sent by registered post or by email. I’m up before the magistrate to state my case on 27 January. I live in a rural area and my post code is shared with 4 other properties. Each share a common naming convention. All my neighbours deny not passing any correspondence on. It’s all very frustrating.
Email is too prone to spam filters, etc. Even registered/signed for post is odd these days. I had a council letter (signed for) posted through my letter box, presumably the postie just signed for it or didn't notice.
Thanks all for the advice and feedback.
To respond to a few of the posts…
I have paid the £100, I spoke with the Police Camera Unit today, and I will get that back.
You don’t send off the licence itself, just fill in licence details to send off for the licence to be endorsed electronically. Which I did.
The lady I spoke to at the force intimates these things to get lost, and whilst sending it as recorded is obviously better, things do get lost upon receipt and processing. Obviously sending recorded gives me further evidence of following the process correctly. Which is certainly do in the future. As well as slowing down 🙂
To respond to a few of the posts…
I have paid the £100, I spoke with the Police Camera Unit today, and I will get that back.
You don’t send off the licence itself, just fill in licence details to send off for the licence to be endorsed electronically. Which I did.
The lady I spoke to at the force intimates these things to get lost, and whilst sending it as recorded is obviously better, things do get lost upon receipt and processing. Obviously sending recorded gives me further evidence of following the process correctly. Which is certainly do in the future. As well as slowing down 🙂
sg0102 said:
So, my understanding of the process is:
1. Notice of speeding offence - which you need to respond to confirm you were the driver
2. They then issue the fine where there are two actions, one to pay the £100 FPN, and two to submit licence details so they can be endorsed.
I effectively did 1 and 2a correctly, but 2b incorrectly (in that the details I submitted were never received).
It looks like you've got your answer, so I hope you don't mind me querying further purely out of curiosity.1. Notice of speeding offence - which you need to respond to confirm you were the driver
2. They then issue the fine where there are two actions, one to pay the £100 FPN, and two to submit licence details so they can be endorsed.
I effectively did 1 and 2a correctly, but 2b incorrectly (in that the details I submitted were never received).
I thought it went like this:
NIP arrives, you send back saying you were driving .
You get the next letter which contains the details of the options. You send that back saying yes please FPN and give your DL details all on one form (or all online).
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