Author Topic: Single Justice Procedure Notice & Refund  (Read 920 times)

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Single Justice Procedure Notice & Refund
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Hi,

I received a speeding fine for an offence of doing 46 in a 40 on 17th June 2023. This was my second offence in a year, and I had already completed a speed awareness course. I received a letter on 19th July 2023 informing me to pay a £100 fine and that I had received 3 points. I paid the £100 fine, completed and returned the form identifying me as the driver (including my personal driving license number). I considered the matter closed.

On 19th October 2024 (16 months after paying the fine) I received an email from MoJ-HMCTS Fixed Penalty Office that my £100 fine is going to be refunded. I currently have not received the refund. I have received no other communication in the past 16 months.

From reading this forum, it sounds like I needed to send off my license. However, I am pretty sure I read the instructions fully and the the government website (https://www.gov.uk/penalty-points-endorsements/returning-your-driving-licence-for-endorsement) reports that it is not required to send your license in.

I have checked on the DVLA website and I have not been issued these 3 points.

How do I get a copy of my original letter to double check I am in the wrong for not sending my license?

Can they still bring prosecution after 16 months after me paying the original £100 fine?

Is it worth consulting a solicitor as I do not want to plead guilty in a UK criminal court?

Any help would be greatly appreciated.

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Re: Single Justice Procedure Notice & Refund
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As regards technical defences, the devil is often in the detail. In your case, it appears that the devil has taken the details, and re-arranged the words to say something else (IOW your account clearly lacks accuracy).

However, to prosecute you, court proceedings would need to have been instigated within 6 months of the alleged offence. Whilst the papers which are issued to instigate court proceedings do not strictly need to be served within the 6 months, they should be served without undue delay (within a few weeks). Unless everything was being sent to a previous/wrong address (which is inconsistent with you receiving the NIP and COFP), the fixed penalty is being returned for some other reason.

As regards the forum suggesting that you should have sent off your licence, please point me in the direction of the offending post, and I will deal with the bullsh*tting tw*t responsible.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.