Court 'cos of lost licence...
Discussion
People,
I recently got a speed camera ticket, my first. I was doing 64mph on a 50mph stretch of duel carrageway. Fair cop...
I have lost my counterpart driving licence, so have sent off the form to DVLA. But I did have a photocopy, which I faxed a while back to my insurance company. I sent this off with my £60, and a cover letter explaining the photocopy.
But yesterday I get a letter sending me back my cheque, saying a photocopy of my licence was not acceptable. It also stated that seeing as the 28 days was up, my case was being forwarded to the Puricator Fiscal, and that I'll be going to court.
I phoned up the nice people at the Aberdeen 'Safety' Camera Partnership, hoping to discuss what would happen. The lady there said they were just a collecting agency, and that I should call some other 'Safety' Camera folk. So I do. After explaining the situation, they tell me they can't stop the process. They tell me I will go to court etc, and that I should explain all this stuff about my licence and plead guilty. They tell me that when I get my licence back, I should call them and they'll stop the process and take my £60. It should be noted that the girls I spoke to were very nice.
My question is what happens if I plead guilty and there is still no sign of a licence? And how long is it, generally, before one gets a court date? Should be 3 weeks 'till I get my licence. Any opinions on my situation are welcome, I could do with information.
Cheers.
I recently got a speed camera ticket, my first. I was doing 64mph on a 50mph stretch of duel carrageway. Fair cop...
I have lost my counterpart driving licence, so have sent off the form to DVLA. But I did have a photocopy, which I faxed a while back to my insurance company. I sent this off with my £60, and a cover letter explaining the photocopy.
But yesterday I get a letter sending me back my cheque, saying a photocopy of my licence was not acceptable. It also stated that seeing as the 28 days was up, my case was being forwarded to the Puricator Fiscal, and that I'll be going to court.
I phoned up the nice people at the Aberdeen 'Safety' Camera Partnership, hoping to discuss what would happen. The lady there said they were just a collecting agency, and that I should call some other 'Safety' Camera folk. So I do. After explaining the situation, they tell me they can't stop the process. They tell me I will go to court etc, and that I should explain all this stuff about my licence and plead guilty. They tell me that when I get my licence back, I should call them and they'll stop the process and take my £60. It should be noted that the girls I spoke to were very nice.
My question is what happens if I plead guilty and there is still no sign of a licence? And how long is it, generally, before one gets a court date? Should be 3 weeks 'till I get my licence. Any opinions on my situation are welcome, I could do with information.
Cheers.
The most rediculous thing is that the court can get your driving licence faxed from the DVLA. I know this because I saw the fax, it is done so when they are handing points out they have an up to date record of the points already on your licence.
Thus, the process is going to be a bit of a farce.
Thus, the process is going to be a bit of a farce.
About 10 years ago (before the era of scams) I was stopped by trafpol for speeding on a dual carrige way and received an FPN for 3 points and £40 fine. However, I waited until the last possible moment to send my cheque to the ticket office and was surprised to receive it back through the post about a week later.
The covering letter said that since the cheque was recevied after the 28 day payment period, the speeding matter could not be dealt with by way of a Fixed Penalty and that it would be dealt with in Court.
However, the second paragraph of the letter went on to say that although there was enough evidence to convict me in Court, on this occasion they were not taking it further and that the matter was dropped. Result.
I doubt that this would work again in this day and age.
The covering letter said that since the cheque was recevied after the 28 day payment period, the speeding matter could not be dealt with by way of a Fixed Penalty and that it would be dealt with in Court.
However, the second paragraph of the letter went on to say that although there was enough evidence to convict me in Court, on this occasion they were not taking it further and that the matter was dropped. Result.
I doubt that this would work again in this day and age.
Raffles said:Given the reason for your appearance, i.e. you're not being awkward merely a problem with the licence counterpart, probably £60 fine 3 points and court costs (someone mentioned £35 a while ago but I don't know for sure).
What would actually happen if you just went to court and pleaded guilty? They say on the letter that the £60 and 3 points is an alternative to going to court...
The RTO Offenders Act 1988, which applies as well to Scotland, only allows 28 days for the conditions relating to Conditional Offer to apply in that Driving Licence, Counterpart and cheque is received by the collecting agency whoever they may be. Generally in England Mags Clerks Office. However it would appear
that some leeway on this time limit is permissable as at section 75(7)(c) it states that this time limit can be exceeded if stated.
Otherwise they kick into the Court proceedure.
They may well relent, as they state, that once in receipt of the nuisance counterpart, if you advise them they may allow the CO to be re introduced.
If taken to Court then there is good arguement that due to administrative error
you have been prevented from taking up the £60/3 points under the CO they may well impose a like sentence. What will be the sting in the tail will be the extra costs of bringing the prosecution which in my area vary between £35/50.
dvd
that some leeway on this time limit is permissable as at section 75(7)(c) it states that this time limit can be exceeded if stated.
Otherwise they kick into the Court proceedure.
They may well relent, as they state, that once in receipt of the nuisance counterpart, if you advise them they may allow the CO to be re introduced.
If taken to Court then there is good arguement that due to administrative error
you have been prevented from taking up the £60/3 points under the CO they may well impose a like sentence. What will be the sting in the tail will be the extra costs of bringing the prosecution which in my area vary between £35/50.
dvd
This happened to me, I produced all docs including photo driving licence but had no counterpart, applied for a new one straight away but still got the court summons. I didn't go to court but sent in the new counterpart and still got awarded with an extra 2 points on my licence, where will technology end eh?
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