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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I receiveds a speeding ticket in June 2015 and paid the fine

Resolved Question:

I receiveds a speeding ticket in June 2015 and paid the fine and sent my licence of on the 17 Jul 15. I have the bank statement to prove payment but i sent my licence first class. I have just receive court papers for 14 January. I rang west Mids police who stated yes I did pay but my licence was not received and that they refunded the money on 17 September but according to my statement it was the 27th September.
I have no licence as I sent it and wonder how do I deal with this.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hello was the licence basically lost in the post? Did you at least get proof of postage?
Customer: replied 2 years ago.

I did not get proof of posting just sent first class. I can not say it was lost in post, however they state they did not receive it. I have the evidence of payment and know the licence was sent on the same day.

Expert:  Jo C. replied 2 years ago.
The Court summons is for the offence of speeding I presume?
Customer: replied 2 years ago.

Yes the court summons is for doing 51 in a 40 limit. They sent me the normal forms which I responded however du to them not receiving my licence I have been summoned. As i stated the bank statement proves i paid fine. I know I will need to apply for a new licence but how do I stand with the summons if I feel I have done everything possible to comply with the acceptance letter of fine and 3 points.

Expert:  Jo C. replied 2 years ago.
You have but I'm afraid it is bad luck.
The fact remains that the DVLA didn't receive the licence so points could not be added. Therefore the fixed penalty cannot be imposed. It is not your fault but it remains the case. You don't have a right to the fixed penalty and, in fact, they are only really a means of diverting these offences from court to remove pressure upon the court.
The only way to challenge that is to judicially review the decision to summons which will cost thousands and there are no real grounds.
You can mitigate the sentence at court on the basis that you did try to accept the fixed penalty and the licence was lost in the post. They would only have given you three points for this level anyway. The real risk is that the financial penalty will be higher. If you get the right Bench then they may well just fine you £85 and impose a surcharge of £15 so you would be dealt with as though y ou had the fixed penalty anyway. They do have to levy a court charge of £180 now but the way around that is to allow a payment of about £2 a month for two years and then it is written off.
I'm very sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
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