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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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I was stopped on a 30mph doing 39mph on a road I have always

Resolved Question:

I was stopped on a 30mph doing 39mph on a road I have always thought was 40mph road due to the lack of speed limit signs. I was given a police caution and asked to submit my driving licence and pay a fine of £100. At the time of the offence I was going through some difficulties at work and was in the process of interviewing for a new job. I then resigned from my job and was in the process of leaving my old job top start a new one. in that time I paid the fine and placed the licence in an envelope but forgot to post it. my last day of working was on the 3rd of June and I would be starting my new job on the 6th June. on my last working day . I received a call from a police office in High Wycombe police station to say they were awaiting my licence and if I did not send it to reach them by the Monday 6th they would proceed to court hearing. I immediately panicked and remembered that I still had the documents in an envelope at home. I apologised and told him I had completely forgotten and would post it straightway and thanked him for calling me to give me the chance to post the documents. I was due to travel to Manchester on 6th June on my first day of joining my new job for training so asked my Boyfriend to post the document for next day delivery.
I returned from Manchester on Saturday 11th and found I had now received a cheque back for £100 from the police saying I had failed to respond to the offence in the time given and would now be taken to court. I also then received a letter dated the 4th June to say that they were taking further action after numerous correspondence I failed to respond to the request to send the licence back to them. though I had received the call on 3rd it feels like they had already made the decision before I had the chance to get the documents to them as suggested. I am now awaiting a court hearing on the 10th Oct and feel I will be heavily penalised even though I have done everything with exception to the licence as requested by the police. I admit guilt for the offence but is there anyway I can get the court to hear my side of the story and not have to be penalised for what the assume I did not do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You shouldn't be penalised.
All that has happened is that you didn't send your licence off so points couldn't be added. Therefore the fixed penalty offer was revoked.
You will get 3 points and a fine of between 75-125% of your weekly income plust costs of £85 and the victim surcharge of roughly 10% of the fine.
If you are lucky then the Bench may just fine you £85 and make you pay the surcharge of £15 plus 3 points so you will be dealt with as though you had the fixed penalty fine anyway.
However, on your main point, you can submit mitigation. There is a specific section which prompts you to submit your recollection of events upon the plea forms.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

hi Jo

Thank you for your prompt response.

If I submit the mitigation can I still enter the details of the call from the police officer even though I cannot now find the paper I wrote his details on. He called me on my work number but I no longer have the phone as it was company property and did not have a telephone number as it appear on the phone as no caller id.

my reason for fearing the penalty is my salary is quite high but I have a few expenditures and pay a lot of travel which may not be considered if I submit statement of financial. I just feel very let down by the police and how they have dealt with this.

many thanks


Expert:  Jo C. replied 2 years ago.
To be wholly honest, the call from the officer is a non issue. It doesn't mitigate or aggravate. I wouldn't mention it. Of you are intent then you can add it to the mitigation but I wouldn't waste the space.

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