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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70206
Experience:  Over 5 years in practice
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Hi I sent the wrong license in with my speeding ticket and

Resolved Question:

Hi
I sent the wrong license in with my speeding ticket and form with the money after checking that both plastic and paper licenses matched but didn't check the revision number on my license so I accidently sent the out of date license.

At the time I was in the process of packing up my house and moving out, then unbeknown to me my mail was being delivered to my tennant next door who didn't tell me they had any of my mail (they were extremely difficult).

I now have a court date for this - should I just write to them to tell them it was an honest
mistake or should I get a solicitor to represent me?

Many thanks



I then didn't hear from them again until
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How did you come to have two licence's please?
Customer: replied 3 years ago.


Hi Jo


 


It was an old copy of my license that was renewed in 2011 and I didn't notice that it was old. I was moving house so was surprised and delighted that I had found the paper part of my license and proceded to use it, I did read on the form that I should check the license number matched the plastic license which I did, what i didn't check was the revisioun number to the right.


 


 

Expert:  Jo C. replied 3 years ago.
Ok.
Did you have two licences at the same time?
Customer: replied 3 years ago.

Yes. I didn't realise that I had two.

Customer: replied 3 years ago.

Yes. I didn't realise that I had two. the old one and the new one, I found the old one in the back of a desk drawer during the move and didn't even think that I had two.

Expert:  Jo C. replied 3 years ago.
Are you summonsed for speeding alone?
Customer: replied 3 years ago.


Yes, I doing 52 in a 40mph zone at around midnight

Expert:  Jo C. replied 3 years ago.
OK.

But is that the only offence on your charge sheet?
Customer: replied 3 years ago.


Yes, I think I know what you mean, there is a form called 'Charges with 1. item on it...


 


1. Exceed a 40 mph speekd limit in contravention of the local traffic order - automatic camer device


 


Then it goes into 'Statement of Facts'

Expert:  Jo C. replied 3 years ago.
Yes, thats the one.

How quicky did you send the licence in after receiving the FPN?
Customer: replied 3 years ago.


I sent it just in time to get it to them on the 9/11 for next day deliver and it was due by 11/11. they confirmed (when I phoned them in January) that they had received it on time but that the license revision number was wrong.


 


I didn't get the letter that they wrote to me on 24/12 (having moved out on 19/12) notifying me of this problem and apparently I had until 28/12 (they also mentioned this on the phone) to get it back to them but my tenant held my mail so I didn't get any of this until mid January.

Expert:  Jo C. replied 3 years ago.
Thanks.

This is rather strange really.

Obviously the reason they have done this is to do with the licence. They could not add points because you sent the wrong licence.

There is an offence in having two licences but they have not prosecuted it and they are probably time barred now.

Since they can prove what they allege here though, its best to just explain your position. This was an honest mistake.

If you tell me what speed you were doing and what the limit was then I will tell you what you are facing?

Jo
Customer: replied 3 years ago.

Hi Jo, I was in was doing 56 in a 40 mph hour zone, the entire road was 60 and 70 mph and I didn't notice that it went down to 40 for about a half a mile section - driving on my own late at night so no other traffic to see the speed dropping either. Luckily for me I wasn't going 70!


 


It was on the A127 in Essex.

Expert:  Jo C. replied 3 years ago.
You are actually just into the higher bracket anyway where you should be getting 4-6 points and a fine of between 75-125% of your weekly income, costs of £85 and the surcharge of roughly 10% of the fine.

i think though realistically you could probably expect 3 points.
Customer: replied 3 years ago.


Do you think I should go to the court and represent myself, reply by postal response or get a solicitor to represent me?

Expert:  Jo C. replied 3 years ago.
Pleading guilty by post will be absolutely fine.

I wouldnt' incur the cost of a solicitor here.
Customer: replied 3 years ago.

Great, thanks for your advice.


 

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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