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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I paid speeding fine, they took payment , then sent licence

Resolved Question:

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: 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.
Are you asking if you have to pay?
Customer: replied 2 years 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 2 years ago.
OK.
On what basis are you appealing?
Are you asking if you have a basis?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years ago.

thanks jo feel a little better hopefully it will be adjourned

have taken on board your advise

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.
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