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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience:  Over 5 years in practice
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Following a speeding offence, sent licence off for endorsement

Customer Question

Following a speeding offence, sent licence off for endorsement and have received back in the post today from HM Courts and Tribunal Service. They have informed advised that as it was not received in the specified period, the Constabulary in question have commenced proceedings in the Magistrates Ct and a summons from them MAY be received in due course. Please explain the ramifications of this
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.

When was the offence please?
Customer: replied 2 years ago.

October 2013. My son had lost the counterpart and requested additional time to get a duplicate from DVLA which was granted and took us to mid Feb 14. Because he was starting a new job early March for which he needed to present his licence and counterpart he inadvisedly delayed in sending it to be endorsed and now has this threat of further proceedings from Kent Police

Expert:  Jo C. replied 2 years ago.
What was the speed he was doing and what was the limit?
Customer: replied 2 years ago.

It was through roadworks on a motorway where he was doing 70 and the temporary limit was just 50

Expert:  Jo C. replied 2 years ago.
Are you asking what sentence he will get ?
Customer: replied 2 years ago.

He has paid the fine and had his licence endorsed. What we do not know about are the proceedings that Kent Police are now instigating because he was late in returning the licence to be endorsed with the points etc

Expert:  Jo C. replied 2 years ago.
Thanks

The fine should be refunded and the licence endorsement removed.

The fixed penalty has collapsed now because he didn't accept it in time.

He will be summonsed to court for the speeding offence to be dealt with. He can plead guilty by post. He will still only get 3 points for 70 mph in a 50 mph zone.

The fines are higher at court. Usually it would be between 75-125% of his weekly income. There would be costs of £85 and the victim surcharge of roughly 10% of the fine.

It is possible that, if he explains the circumstances on the mitigating circumstances form then the Magistrates will give him 3 points and a fine of £85 and the surcharge of £15 so he will be dealt with as though he was given the fixed penalty fine but that is within their discretion.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks, XXXXX XXXXX why would the court accept payment of the £100 fixed penalty fine and go through process of endorsing the licence, only to then have to undo all of that because he was late in submitting the licence? Your clarification of that would be appreciated. Can he do anything to "arrest" the proceedings by contacting Kent Police or the Court and plead stupidity, naivety or both? He is a recently qualified Chartered Surveyor and the new job he just started (which is why he held onto his licence) doubled his salary from his previous graduate trainee job. Is it current salary that is taken into account or that at the time of the offence?....I probably can work that one out but your confirmation appreciated! Kind regards, Karl

Expert:  Jo C. replied 2 years ago.
The Court haven't accept it. Its probably crossed in the post with the court summons.

It is possible that they will withdraw from the summons but its not all that common.

I'm afraid its his current means they consider.

Customer: replied 2 years ago.

...and can we make any representations before we receive any proceedings - HM Courts & Tribunal Service only said he MAY receive a summons in due course - in order to pre-empt further action?

Expert:  Jo C. replied 2 years ago.
You could do that but its not a good idea.

The best that will happen is that they won't read it.

The worst is that it will just remind them of the need to review this case which is a bad idea as a rule.

Actually they are very close to their time limits already so its worth sitting quietly and waiting to see if they forget.

If they haven't refunded the money then it might all collapse.
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

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