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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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I paid speeding fine, they took payment , then sent licence

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I paid speeding fine, they took payment , then sent licence back but not money said it was a day late and I would have to go to court, I did not receive summons and was then fined £300.00. in my absence but I did not no until bailiff came calling for money where do I stand
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you have to pay?
Customer: replied 1 year ago.

no I am in court tomorrow appealing against not receiving summons to go to court, I have paid £100.00 fine but not received back, but lience sent back saying it was to late and had to go to court which I did not receive so did not go

Expert:  Jo C. replied 1 year ago.
OK.
On what basis are you appealing?
Are you asking if you have a basis?
Customer: replied 1 year ago.

that I did not receive summons so did not no case had taken place and I had been fined , I know I have to take points on licence and pay fine , but not the court case

Expert:  Jo C. replied 1 year ago.
Ok.
You are not appealing. You are making a statutory declaration to the court to the effect that you didn't get the fine which is no problem of itself. That probably will be accepted.
However, come what may, you didn't pay in time so they are free to summons you about the matter. It is too late to deal with this by way of a conditional penalty so it will have to go to court unless, of course, they forget to summons which does happen sometimes.
It will at least remove the bailifff's fees though.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

I understand the fine was late but I did not receive summons for court so they dealt with my case as me not turning up, so they now want money for this so fine is now £300.00 which I did not pay I phoned and they said I could appeal and again I received no summons and court case took place so now I owe £620.20, I have now an appeal hearing in the crown court in morning

Expert:  Jo C. replied 1 year ago.
If this is an appeal in the Crown court then this is not a defence. It will just lead to a conviction with greater costs.
What you need to do is make a statutory declaration.
Customer: replied 1 year ago.

when should I make a statutory declaration what dose this mean, all I want them to no is I did not receive summons to court

Expert:  Jo C. replied 1 year ago.
Yes, I understand but that is not a defence.
You are before the court for speeding. Saying that didn't get the summons is not a defence.
The only thing is that if you plead guilty they might remove the costs.
Customer: replied 1 year ago.

im in court for speeding fine which was paid, and never returned to me but cashed , my problem is that it went to court with out me knowing which to me is wrong

Expert:  Jo C. replied 1 year ago.
That may be right. It is not a defence.
You paid too late to accept the fixed penalty. Plead guilty. You will be convicted and made to pay more costs.
Customer: replied 1 year ago.

I understand that, I have paid the £100.00 fine which I have not had back, so I have paid the fine which I have a recite number.

my problem is extra fine for failing to go to court

Expert:  Jo C. replied 1 year ago.
You haven't paid the fine. You have attempted to accept the fixed penalty but were too late to do so.
I understand the point you are making. It is not a defence.
Customer: replied 1 year ago.

im not appealing against the fine its the fact I was not told about court case what do you think I should do , I will not pay the £620.00 fine as I have not been able to defend myself

I have paid the £100.00 fine they have never given it back to me

Expert:  Jo C. replied 1 year ago.
I think I've covered this really.
You are not appealing against the summons.
You are appealing against the fact that you were convicted. Whatever you may think you are doing that is the reality.
You should plead. You will be convicted and made to pay another £300 in costs.
Customer: replied 1 year ago.

sorry to be a pain

so I should ask for a statuary declaration and plead guilty

should I do this before I go in or when im in the court

how would you play it

Expert:  Jo C. replied 1 year ago.
No.
What you should have done originally was make a statutory declaration. Now, it is too late.
It is possible that you could apply for an adjournment and explain to the court that it is your intention to do that. They might agree to it. In fairness, it is complicated and you are not represented.
If they do not then plead guilty. They might not order costs and at least it would remove the bailiffs fees.
Customer: replied 1 year ago.

ok jo thanks for your time, still not sure what to do, will bluff through tomorrow, will there be a jury there or will it be a judge only

once again thanks

might be back in contact tomorrow for more advice

cheers coba

Expert:  Jo C. replied 1 year ago.
No, it is a Judge and two Magistrates.
If you explain frankly your position you might actually find they are very sympathetic. There are some rude and obnoxious Judges about but generally speaking most would understand that a lay person might be confused about this situation.
You can also talk to the Prosecutor first thing.
If this is an appeal court then they probably have a horrendous list so they will be delighted to adjourn something.
Customer: replied 1 year ago.

thanks jo feel a little better hopefully it will be adjourned

have taken on board your advise

Expert:  Jo C. replied 1 year ago.
No problem.
All the best.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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