Author Topic: Magistrates Court for Speeding Fine  (Read 86 times)

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bernamix

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Magistrates Court for Speeding Fine
« on: November 20, 2023, 07:00:18 pm »
Evening folks,

As the title says, I'm being summoned to a Magistrates Court for a speeding fine I received earlier in the year. When I initially received the fine, I pled guilty by replying to the notice letter, paying the fine and sending my driving license details so the offense points could be issued.

That was that for a few months until a month ago, when I received a letter stating that I failed to provide my license details, although payment for the fine was received. I have evidence from the post office(i.e. tracking number) and various photos I took of the completed form - I checked with Royal Mail and it looks like the form was delivered, but perhaps lost by the conditional office?

Anyways, what can I expect tomorrow? I'll be representing myself so any information and advice anyone can give me would be greatly appreciated. It'd be my first time appearing in court so naturally, I'm quite stressed about the whole ordeal.

For info, I was caught doing 38mph on a 30mph road.

Edit: This happened in England

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andy_foster

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Re: Magistrates Court for Speeding Fine
« Reply #1 on: November 20, 2023, 09:38:50 pm »
Firstly, try to get your terminology right before the hearing tomorrow. Details can be important, and much of what you have told us is factually inaccurate.

You have not been summoned to a Magistrates Court for a speeding fine, you have not paid a speeding fine, and, initially at least you did not plead guilty to anything.

You received a Conditional Offer of Fixed Penalty - which is an offer of an out of court disposal - paying a 100 fixed penalty and getting 3 points on your licence, in return for not being prosecuted for the underlying speeding offence. If you complied with the requirements to pay the fixed penalty and provide your identification details (name, address, date of birth, driving licence number) to the specified person(s) within the specified timescale, you cannot lawfully be prosecuted for the speeding offence. This is a penalty, not a fine, and you cannot enter a plea - you simply either accept the offer or you don't.

As the police have decided that you did not comply (which may or may not be accurate), they instigated court proceedings for the speeding offence (not for "the speeding fine" or not providing your licence details). Presumably you received an SJPN and entered a plea of not guilty, resulting in the matter being transferred to a magistrates court for a physical hearing? Mystic Meg has sadly died, and you only mention of a plea was a claim to have pled guilty to a fixed penalty offer, so we're going to need a bit of help here.




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bernamix

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Re: Magistrates Court for Speeding Fine
« Reply #2 on: November 20, 2023, 09:58:05 pm »
Thanks for your reply, I've never been in this position before so apologies for the wrongful use of terminology.

As you stated, the police decided that I did not comply with the Conditional Fixed Penalty, which I attempted to do by paying the penalty and getting the 3 points on my license. When I received a SPJN, I replied by stating I was guilty of the speeding charge, although not the failure of supplying my driving license details. I added a letter to my reply, which contains the evidence I have for supplying the driving license details - (photos of filled out form, photo of envelope and royal mail receipt with tracking number), hence why I believe the matter is being transferred to a magistrates court for a physical hearing.

What can I expect tomorrow? I assume the offer out of court (paying a 100 fixed penalty and getting 3 points on your licence) is no longer at my disposal?


andy_foster

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Re: Magistrates Court for Speeding Fine
« Reply #3 on: November 20, 2023, 10:16:10 pm »
What exactly are the charges on the SJPN/summons?
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bernamix

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Re: Magistrates Court for Speeding Fine
« Reply #4 on: November 20, 2023, 10:36:26 pm »
It only states the speeding charge

andy_foster

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Re: Magistrates Court for Speeding Fine
« Reply #5 on: November 20, 2023, 11:14:41 pm »
You have entered a plea of guilty to the offence charged and tried to enter a plea of not guilty to something that is not an offence and that you have not been charged with.

I would guess that the court has refused to accept your guilty plea as it is not unequivocal - you appear to have in effect stated that you have a defence.
The hearing might be for trial, or a pre-trial hearing to establish what the issues are (I can see the court struggling to grasp what you have been trying to tell them), or for sentencing if they have accepted your guilty plea.

Are there perhaps any clues in the wording of the summons or other paperwork regarding the hearing?
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