Being taken to court after paying FPN
Discussion
I recently got a FPN for going through a red light at a set of roadworks.
Stupid I know, but there you go.
I went to the local police station and showed my insurance and a copy of my driving licence as I had sent my old one to the DVLA to have my address changed.
I explained this to the officer who took a copy of my old licence. I sent my fine off together with a letter explaining why I had not produced my licence.
I chased up the DVLA who said they had no record of recieving my old licence, even though they had returned my wifes licence which was enclosed in the same recorded delivery envelope.
I sent another licence form into the DVLA, together with another birth cert. etc and got my new licence back yesterday.
This morning however (Its always on a saturday isn't it?) I got a letter from the court office sending me a cheque for £60 as court proceedings are now being taken against me for the original offence.
Whats all that about then. Having sent them a cheque for £60 which they cashed and the FPN saying 'yes, gimme 3 points I don't want to go to court', how is it they now want to take me to court. What a waste of the courts, the police's,and most importantly, my time and money.
Stupid I know, but there you go.
I went to the local police station and showed my insurance and a copy of my driving licence as I had sent my old one to the DVLA to have my address changed.
I explained this to the officer who took a copy of my old licence. I sent my fine off together with a letter explaining why I had not produced my licence.
I chased up the DVLA who said they had no record of recieving my old licence, even though they had returned my wifes licence which was enclosed in the same recorded delivery envelope.
I sent another licence form into the DVLA, together with another birth cert. etc and got my new licence back yesterday.
This morning however (Its always on a saturday isn't it?) I got a letter from the court office sending me a cheque for £60 as court proceedings are now being taken against me for the original offence.
Whats all that about then. Having sent them a cheque for £60 which they cashed and the FPN saying 'yes, gimme 3 points I don't want to go to court', how is it they now want to take me to court. What a waste of the courts, the police's,and most importantly, my time and money.
andygo said:
I recently got a FPN for going through a red light at a set of roadworks.
Stupid I know, but there you go.
I went to the local police station and showed my insurance and a copy of my driving licence as I had sent my old one to the DVLA to have my address changed.
I explained this to the officer who took a copy of my old licence. I sent my fine off together with a letter explaining why I had not produced my licence.
I chased up the DVLA who said they had no record of recieving my old licence, even though they had returned my wifes licence which was enclosed in the same recorded delivery envelope.
I sent another licence form into the DVLA, together with another birth cert. etc and got my new licence back yesterday.
This morning however (Its always on a saturday isn't it?) I got a letter from the court office sending me a cheque for £60 as court proceedings are now being taken against me for the original offence.
Whats all that about then. Having sent them a cheque for £60 which they cashed and the FPN saying 'yes, gimme 3 points I don't want to go to court', how is it they now want to take me to court. What a waste of the courts, the police's,and most importantly, my time and money.
Stupid I know, but there you go.
I went to the local police station and showed my insurance and a copy of my driving licence as I had sent my old one to the DVLA to have my address changed.
I explained this to the officer who took a copy of my old licence. I sent my fine off together with a letter explaining why I had not produced my licence.
I chased up the DVLA who said they had no record of recieving my old licence, even though they had returned my wifes licence which was enclosed in the same recorded delivery envelope.
I sent another licence form into the DVLA, together with another birth cert. etc and got my new licence back yesterday.
This morning however (Its always on a saturday isn't it?) I got a letter from the court office sending me a cheque for £60 as court proceedings are now being taken against me for the original offence.
Whats all that about then. Having sent them a cheque for £60 which they cashed and the FPN saying 'yes, gimme 3 points I don't want to go to court', how is it they now want to take me to court. What a waste of the courts, the police's,and most importantly, my time and money.
Because without physical possession of both the fine & the actual licence the FPN proceedure can't be completed.
andygo said:
When I asked the policeman at the station he said if you explain to the FPN they will generally give you 28 days to sort it out as it happens all the time.
If it goes to court what is likely to happen, or is there any way to avoid an appearance?
If it goes to court what is likely to happen, or is there any way to avoid an appearance?
You should be able to plead guilty by post.
Explain the circumstances in a letter & the court should give you a fine no bigger than the FPN (if there is any justice).
Oh dear Andy, the wheels of justice as so precise.
The authorities could not process your FPN (Conditional offer) as the law requires that if you qualify then you have to forward:
Cash, AND
Driving Licence.
The latter you were unable to do. Despite the fact that you have a Licence record you did not send them it so the Justices Clerk could record 3 points on it.
Having failed the criteria for CO then they have no alternative but to pass the matter to be dealt with at Court.
What to do? You can either wait until summons issued and you can point out that whilst offered the CO you were denied because of administrative errors, not on your part, which should put you back to a 60 penalty but this will be increased due to Court Costs.
or consider
try and get in first by writing to the Magistrates Clerk about the problems, now resolved. You now have DL so send your cheque for £60 and including your Driving Licence and ask that, to save Court time etc, he re-instate the Conditional offer and have the matter closed.
Not obliged to do so but you never know sense may prevail.
dvd
The authorities could not process your FPN (Conditional offer) as the law requires that if you qualify then you have to forward:
Cash, AND
Driving Licence.
The latter you were unable to do. Despite the fact that you have a Licence record you did not send them it so the Justices Clerk could record 3 points on it.
Having failed the criteria for CO then they have no alternative but to pass the matter to be dealt with at Court.
What to do? You can either wait until summons issued and you can point out that whilst offered the CO you were denied because of administrative errors, not on your part, which should put you back to a 60 penalty but this will be increased due to Court Costs.
or consider
try and get in first by writing to the Magistrates Clerk about the problems, now resolved. You now have DL so send your cheque for £60 and including your Driving Licence and ask that, to save Court time etc, he re-instate the Conditional offer and have the matter closed.
Not obliged to do so but you never know sense may prevail.
dvd
Edited by Dwight VanDriver on Saturday 5th May 14:43
Dwight VanDriver said:
You can either wait until summons issued and you can point out that whilst offered the CO you were denied because of administrative errors, not on your part, which should put you back to a 60 penalty but this will be increased due to Court Costs.
So, because of an administrative error, not of the OP, the OP will attract costs that would not have been applied had the error not have been committed (albeit, if the offence had not been committed ...). Ah, 'justice' in BLiar's Britain 
- Streaky I am in a similar situation. I got a FPN back on february 17th. I took my documents to the police station three days later and they kept my driving liscence. I sent my cheque in at the beginning of march when i got paid and have not got my driving liscence back yet.
Is this normal? The person behind the desk at the sation said that i should get it back within 4-6 weeks but i never did.
Is this normal? The person behind the desk at the sation said that i should get it back within 4-6 weeks but i never did.
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