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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I don't deny the offence although I was unaware of it at the

Resolved Question:

I don't deny the offence although I was unaware of it at the time. It occurred on 27/8/14 using a courtesy car in a temporary 40mph on motorway-apparently I did 46mph. The problem I have is that Richmond Motor Froup did not respond to the Police Notification who issued a reminder requesting the driver details. I received the notice from West Mercia Police on 3/12/14 (dated 1/12/14). Although I faxed my application for Safety Awareness Course on 5/12/14 and they responded same day the notification did not arrive until 17/12/14 which notified me that offer was recinded (due to lack of time to book and complete the course apparently) although AA Tech had places available up to 27/12/14. I have now been requested to pay £100 and have 3 points. I feel very aggrieved with Richmond Motors...would their action or lack of it count as mitigating circumstances and is it worth pursuing? I spoke to them on 18/12/14 and they informed me that they have documented proof that they responded in time and that they would email me the document...As of 20/12/14 I am still awaiting their email. Your advice would be helpful, thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether the safety camera partnership responded to your fax?

Customer: yes. It was processed/dated 5/12/14 the date they received my fax but it did not arrive until 17/12/14. They notified me that the computer system calculated I was out of time to do the course by 27/12/14. Although this is irritating, this decision has occurred because Richmond Motor Group did not respond to the initial notification "to the registered keeper" dated 29/8/14 asking for details of the driver. The first I heard of the offence committed on 27/12/14 was on 3/12/14 so my delayed response was not my fault. I have responded rapidly when I have had communication direct to my address, which West Mercia agree with.
Alex Watts :

Ok - but they wont know withdraw the fixed penalty and give you the course?

Alex Watts :

I think the difficulty is if you fail to do the course, they only have 6 months to summons you to Court for the offence from the date it occured.

Customer: They have withdrawn the offer saying the application was made too late. They agree the original delay is due to Richmonds but I am suffering the consequences of that which I feel is very unreasonable. I would have responded in the correct manner had I received notification of the incident immediately after the event. I'm a bit peeved I am in this situation due to Richmonds inefficiency
Alex Watts :

Indeed. This is a really tough one. You can't sue for breach of contract between you and Richmonds because an offence has been committed. If I am being honest they have just been a bit rubbish.

Alex Watts :

Sadly given you can't really make the Police give you the course but then you can't sue Richmond for a contractual issue I think all you can do at this stage is seek reimbursement from Richmond of the £100 fine.

Alex Watts :

The points you can't quantify but the penalty you can.

Alex Watts :

I dont think you can force WM to give you the course.

Alex Watts :

You need to write to Richmond and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Basic question is I guess do I accept the fine and points or apply to go to court with my mitigating circumstances? I'm not trying to get out of the offence and avoid "conviction" I just want to do the course which was initially offered and I would have applied for in good time if Richmonds had supplied the information efficiently.
Alex Watts :

Yes you accept the fine.

Alex Watts :

The Court can't order the Police to give you the cours.e

Alex Watts :

You accept the offence

Customer: we overlapped a bit, sorry. Thanks for your advice. I had already thought of requesting reimbursement so I guess that's the way I'll go. At least it's some compensation! I'm sure they can afford £100 better than I can. Many thanks.
Alex Watts :

Sure.

Alex Watts :

Can I clarify anything else for you?

Customer: Any clues on phraseology in the letter? !
Alex Watts :

You enclose a copy of the Police letter and say because of your delay I can't now do the course and have to accept the £100 fine. Because of your delay I want the £100 fine back

Customer: Sounds simple! Let's hope they agree! Still annoyed I end up with the points which I wouldn't have done if I'd done the course. Hey ho. Many thanks for your help.
Alex Watts :

Indeed.

Alex Watts :

Can I clarify anything else for you?

Customer: Nothing else , thanks.
Alex Watts :

Great. If I could ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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