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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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Hi I recently received a conditional offer of 3 penalty

Resolved Question:

Hi
I recently received a conditional offer of 3 penalty points and 100 pound fine after being caught travelling at 82mph in a 70 mph zone. My conditional offer was dated 14/08/14 which gave me 28 days to respond. I left home to work away on the 13th and did not come home till the 10th sept which only left a day to return my licence and cheque which i did, but they did not receive it before the cut off of the 11th. Can i contest this? if not what will happen next?
kind regards
keith buchan
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.
You could write to them asking them to extend it. They might do so.
However, if you went to court then you would lose on the point I'm afraid. Nobody has the right to a conditional penalty. Its an entirely a matter for the discretion of the police. Also, there is case law that people should keep tabs on their post in the UK when abroad I'm afraid.
But it is worth asking. They will often extend.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Ok thanks for your reply. what will happen now that i have missed the conditional offer period, will they increase the fine and points by way of another letter, or will i have to attend court?

Expert:  Jo C. replied 2 years ago.
They might extend it.
If they do not then they should summons you to court. Half the time they forget actually so you might walk away with nothing.
Even if they do summons you, you can still plead guilty by post.
Some Magistrates will just give you 3 points and a fine of £85 and the surcharge of £15 so you are dealt with as though you have had the fixed penalty anyway. Others don't. You will still only get 3 points but the fine may be higher plus costs of £85 and the surcharge of roughly 10% of the fine
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for your prompt reply, that clears everything up. I was really concerned about having to attend court as I work away from home, but if I can plead by letter thats not so bad, But I will try for an extension first.
King regards
Keith

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