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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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I have recieved a court summons traffic light offence

Resolved Question:

I have recieved a court summons for a traffic light offence for which I had already accepted the offence and paid for in good time
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.

Hello, can I upload a word document detailing the facts

Expert:  Jo C. replied 1 year ago.
You would need to email customer services about that. I'm not sure it can be done.
If you just give me a brief summary then that will be fine. Please don't put yourself to detail. I can always ask if I need to know anything.
Customer: replied 1 year ago.

Dear Sir/Madam, I have received a court summons (Case No. RR131/14/0016) for a traffic light offence which occurred on 10/11/2014 @1652 hours, below is the sequence of events of what has happened since the offence:

1) 20/11/14 received Conditional Offer of Fixed Penalty Your Ref:RR0131/14/0016O1X

Our Ref: C62215876

2) 21/11/14 Posted of Conditional Offer of Fixed Penalty, completed Part 1, accepting that I was the driver of the vehicle at the time.

3) 26/11/14 Receive another Conditional Offer of Fixed Penalty Ref:0013000779423120C62215876. For exactly the same offence.

4) 04/12/14 received letter from HM Courts & Tribunal Services, confirming that I have paid the penalty(the letter does not state the amount paid but it was £100) with respect to Fixed Penalty Notice :0013000779423120 Offence Date 10/11/14. The letter also states that Full License invalid issue, stating that your records show that license 04 in invalid and that I have been issued with license issue 05, and that I need to submit both parts of the newer license.

5) I contact the DVLA, since I have only had one licence issued since I passed my driving test and they told me that the address I was stating:*****London E7 9ER, is not the address they have on their database, and I replied well its the address printed on the paper license and I have not changed addresses since, they advised me to write a letter stating the facts and post it to then which I did. I called them a few weeks later and no letter had arrived, so on 09/01/15 I resent the letter by recorded delivery, which they have received and I was told the matter is under investigation and to my knowledge the matter is still under investigation as I haven’t heard from the DVLA at all.

6) 17/02/15 Receive £100 refund from Ministry of Justice for Invoice/Claim Number 001300077942312036187.

7) 18/04/15 Receive court summons.

As you can see a lot has gone on and I am very confused and deeply concerned as to what is going on. I committed a Traffic light offence which I accepted, I paid the penalty in good time, I sent my paper license off for endorsement (the photocopy shows someone tried to put the endorsement on but then crossed it out), so I had accepted the offence paid the fine sent my license off, and in the midst of all of this I get another FPN for exactly the same offence, and above all the DVLA are still investigating why my address is different in their records. Then I get a refund for the Fixed Penalty Notice, and finally a court summons.

I am a law abiding citizen please can you help me and sort this out.

Expert:  Jo C. replied 1 year ago.
So what is your question about this please?
Customer: replied 1 year ago.

My question is why am I being taken to court when I paid the fine and sent my license of for endorsement, i mean in the court paperwork they even enclose a copy of me accepting that i was the driver.

Expert:  Jo C. replied 1 year ago.
Well, there could be lots of reasons.
For instance, the lights were red for too long before the crossing for a fixed penalty, it is not available because a driver has too many points on his licence to accept, the response from the driver was late.
They usually offer a fixed penalty to everybody and then withdraw from some people depending on upon the facts of the case. The fact that they have made that offer doesn't mean they cannot summons.
I think probably the issue is that they say you didn't submit your full valid licence. I realise that you say that you did all you could but that doesn't mean that they cannot summons you.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 1 year ago.

So should I just plead guilty and accept the charge? The red light was only red for 1 second it states that in the documentation, one more thing if convicted would it mean I have a criminal record?

Expert:  Jo C. replied 1 year ago.
No, I think the issue will be with the licence.
You can always write to them making representations that this isn't the public interest but I suspect that they are saying they cannot add points to this licence for that reason.
Therefore, a better option may be to plead guilty and mitigate on the basis that you tried to accept the fixed penalty but could not for this reason. Quite often Magistrates give people fines of £85 and the victim surcharge of £15 and 3 points so you are dealt with as though you have the fixed penalty anyway. That cannot be guaranteed obviously.
It would be a criminal conviction but not a recordable one or one that otherwise impacts upon your character.
Customer: replied 1 year ago.

So it wouldnt be something that would affect my job or life etc

Expert:  Jo C. replied 1 year ago.
No, it is just a traffic offence.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
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