Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: KPTaylor on April 29, 2024, 03:20:49 pm

Title: Re: Speeding fine paid but missed Part 2 to send Licence number now court case and double the fine
Post by: The Rookie on April 29, 2024, 08:10:35 pm

As you failed to comply with the fixed penalty offer the only recourse the Police had was to start court proceedings.
Once you failed to comply in the 28 day period then that offer has gone and the irrelevant payment refunded, all entirely predictable and to the correct process and yes seen a number of times before as it’s a common mistake despite the requirement seeming to be clearly laid out.

We need to know exactly what you did in response to the Single Justice Procedure Notice as you imply you plead not guilty but the outcome suggests you plead guilty.
What you could (should?) have done was mention you attempted to comply and due to administrative difficulties unrelated to the offence this resulted in the court action, and requested sentencing at the fixed penalty tariff in accordance with sentencing guidelines.

Title: Re: Speeding fine paid but missed Part 2 to send Licence number now court case and double the fine
Post by: 666 on April 29, 2024, 03:32:33 pm

What do you mean by "I contested it"? Did you plead not guilty? If so, you should have been summoned to a court hearing.

If you pleaded guilty, then there's not much to contest. You'd have had an income-related fine, a surcharge, and costs. £400 seems on the light side: if you phone the court they should explain how it was made up.

BTW the £100 refund would have come from the police ticket office. Nothing to do with the court.

Title: Speeding fine paid but missed Part 2 to send Licence number now court case and double the fine
Post by: KPTaylor on April 29, 2024, 03:20:49 pm

I received a speeding fine and paid the £100 conditional offer but missed the Part 2 section where I had to send my driving licence number in.

So many people must miss this section. I believe they had my licence number anyway when I filled the first form out to have the conditional offer sent.

The case went to court without a clear reason why, I contested it saying I had paid the fine. I then had the £100 refunded without explanation and then a court letter saying I owed £400 no explanation why.

Has this happended to anyone else and how do I contest this. I wasn't refusing to pay the fine and I just made a mistake.

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