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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience:  Over 5 years in practice
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I was caught doing 37 mph in a 30mph zone by a camera/van.

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I was caught doing 37 mph in a 30mph zone by a camera/van. I received a letter stating that I had broken the law. I then sent my licence details away to the safety camera unit as I was admitting the offence. 5 months later I had a court summons through the post. It went to court and I was fined £366. Not once was I offered a fixed penalty of any sort (3 points and £100 fine). I emailed the court stating this,as well as phoning the courts on several occasions. This was totally ignored. I did not receive a letter that should have offered me a fixed penalty. Should I have and should I have to pay the whole fine?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They do not have to offer the fixed penalty. That is merely a police method of dealing with cases so that they reduce administrative pressure upon the courts.
It is difficult to see why they did not here. It would seem otherwise an eligible offence.
However, the point is that it is not a consideration for the Court that were not offered a fixed penalty. Nobody has the right to a fixed penatly in the UK. That is why the court ignored it and also probably nobody saw your emails anyway. Magistrates Courts are not usually fantastically efficient.
If you have received a fine of £366 then you do have to pay it. If you don't they will just send bailiffs in to collect and, in the very long term, you can go to prison for non payment of court fines.
The only possible option is to judicialy review the decision to refuse you a fixed penalty. That will, unfortunately, cost many thousands of pounds and there are no guarantees of succees.
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
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
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