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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience:  Over 5 years in practice
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Received fixed penalty notice on the road, surrendered my driving

Customer Question

Received fixed penalty notice on the road, surrendered my driving license and paid penalty infull as requested within all time limits. Have not received mu driving license, contacted the police in writing, there was no reply frm them for 1 month, later received penalty collection order from Courts, spent time explaining to them them that all is paid. Only then
received a letter from police saying that in error they refunded penalty payment and I have to pay it again. I do not understand why I have to pay again, if it was theirs mistake.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

It doesn't work like that Im afraid.

What was the offence?

Customer: replied 2 years ago.


The offence was: motor vehicle fail to comply with solid white line road markings. I was driving motorcycle.

Expert:  Jo C. replied 2 years ago.
Ok.

Do you mean a collection order or a summons?

A collection order would tend to suggest that the matter had been to court and you had been convicted.
Customer: replied 2 years ago.

Title of the document I received says:notice of registration of fixed penalty and collection order.

Expert:  Jo C. replied 2 years ago.
Thanks.

Do the DVLA have the right address for you?
Customer: replied 2 years ago.


Yes,

Expert:  Jo C. replied 2 years ago.
Have you had any court summonses?

This would tend to suggest that you have been convicted in absence.
Customer: replied 2 years ago.


No, I just paid my penalty, surrendered my license and was waiting to receive it back. As it says on the penalty ticket if no license rerceived in 6 weeks to contact them, which I did, providing all details and payment ref. No. There was no answer from them and then I received collection order document

Expert:  Jo C. replied 2 years ago.
Thanks.

The collection order would suggest its been to court.

In any event, the fact that they have blundered with the fixed penalty does not mean they cannot enforce this at court. An FPN is just a police method of dealing with an allegation administratively to reduce pressure on the courts. It does not form any essential part of the offence and the fact that they made this offer does not mean they cannot pursue this at court.

If you don't pay they will just send bailiffs to enforce this.

Also, if this is a court order then non payment of fines is a criminal offence and people do go to prison over it.

If the matter has lead to a court hearing then you could apply for the court to set it aside. At least then you would have the opportunity to mitigate on the basis that you tried to accept the FPN and the penalty may reflect that.

But the collection order is enforceable against you.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.


I sent a letter to Court & Tribunal Service, explaining that penalty had been paid, they replied to me: "we have looked in to the fine registration of fixed penalty with The Metropolitan Police Penalty office. Investigation shows that they have fine registered this with th Court in error.


We now have authorisation needed to write this metter off and will do so forthwith"


And after I also received letter from the Police saying that I should pay again. How many times do I need to pay, if I paid once it should not be my problem that they keep making mistakes.

Expert:  Jo C. replied 2 years ago.
the fact that they have blundered with the fixed penalty does not mean they cannot enforce this at court. An FPN is just a police method of dealing with an allegation administratively to reduce pressure on the courts. It does not form any essential part of the offence and the fact that they made this offer does not mean they cannot pursue this at court.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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