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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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IN THE SUMMER MY 25 YR OLD SON GOT STOPPED AT 34MPH

Resolved Question:

IN THE SUMMER MY 25 YR OLD SON GOT STOPPED FOR DRIVING AT 34MPH IN AN UNMARKED 30MPH ROAD. THE OFFICERS EXAMINED HIS LICENCE AND CHECKED HE WAS INSURED TAXED AND HAD A CURRENT MOT AND ALL WAS IN ORDER. THEY ISSUED HIM WITH A SPEEDING TICKET FOR £60. HE WAS SO UPSET BUT I TRANSFERRED THE MONEY INTO HIS ACCOUNT AND HE RANG AND PAID THE FINE. THEN 3 DAYS AGO HE RECEIVED A COURT SUMMONS. ALMOST HYSTERICAL HE CONTACTED ME AND I TOLD HIM TO RING THE TICKET OFFICE. THEY TOLD HIM HE HAD TO PAY ANOTHER £150 AS HE HAD NOT SENT IN HIS DRIVING LICENCE. HE STATED THEY HAD NOT ASKED FOR IT AND THE OFFICER HAD SEEN IT. I AGAIN TRANSFERRED THE MONEY INTO HIS ACCOUNT AND TOLD HIM TO PAY IT. I BELIEVE HE HAS DONE THIS AND ALSO BECAUSE HIS LICENCE WAS DAMAGED HE HAS APPLIED FOR A REPLACEMENT. HOWEVER HE IS NOW DISTRAUGHT AT THE THOUGHT THAT HE MAY BE TAKEN TO COURT AND LOSE HIS LICENCE. IF THIS HAPPENS HE CAN NO LONGER GET TO WORK 60 MILES AWAY AND WILL LOSE HIS JOB AND SUBSEQUENTLY HIS RENTED HOUSE IF HE HAS NO MONEY COMING IN. I AM UNABLE TO CONTACT HIM AT PRESENT TO SEE WHAT IS HAPPENING AS HE HAS NO MOBILE SIGNAL WHERE HE WORKS. CAN YOU TELL ME IF THEY CAN TAKE HIM TO COURT AND WHY O WHY HAS HE BEEN GIVEN THE EXTRA CHARGE WHEN HE PAID THE FINE. HOW DO WE FIGHT THIS. I AM AN EN EMPLOYEE OF DORSET POLICE AND MY HUSBAND STILL WORKS FOR THEM BUT THEY WILL NOT SPEAK TO ME JUST SLAMMED THE PHONE DOWN ON ME. WE ARE SO SO WORRIED AND THINK THIS IS UNFAIR, WHAT CAN WE DO? CAN YOU GIVE ME ANY ADVICE?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did he get a fixed penalty ticket please?
Customer: replied 1 year ago.
YES HE RECEIVED A FIXED PENALTY TICKET WHICH HE PAID OVER THE PHONE TO THE CENTRAL TICKET OFFICE
Expert:  Ash replied 1 year ago.
Ok. Did the ticket say the licence had to be sent in?
Customer: replied 1 year ago.
NO IT DID NOT. I EXAMINED THE TICKET AND AS AN EX EMPLOYEE OF DORSET POLICE I DID CHECK IT THOROUGHLY. I HAVE A FEELING THAT WHEN HE PAID THE TICKET COST THE MONEY DID NOT GO TO DORSET POLICE BUT MAY HAVE GONE INTO SOMEONE ELSE'S ACCOUNT. SUCH AS A CIVILLIAN EMPLOYEE. MAY BE WRONG BUT THIS IS SO ODD.
Customer: replied 1 year ago.
IN ANY CASE THE OFFICER EXAMINED IT AND HE KNEW MY SON.
Customer: replied 1 year ago.
WHAT I CANNOT UNDERSTAND IS, WHY AFTER PAYING THE SPEEDING TICKET, DOES HE RECEIVE A COURT SUMMONS MONTHS LATER? IF IT GOES TO COURT WHAT ON EARTH WILL HAPPEN TO HIM?
Expert:  Ash replied 1 year ago.
So what was the £150 just paid for? I don't understand what that would be payable if it was going to court?
Doesn't he have evidence from his bank account where the money went?
Customer: replied 1 year ago.
THE TICKET OFFICE TOLD HIM HE HAD TO PAY £150 BUT DID NOT SAY WHY. HE IS CURRENTLY CONTACTING HIS BANK TO GET A PRINT OUT OF THE PAYMENT TO PROVE HE PAID IT. THEY SAID HE HAD TO PAY THE £150 FOR NOT SENDING HIS LICENCE IN. HE ARGUED NO ONE ASKED FOR IT OR HE WOULD HAVE SENT IT IN BUT AGAIN THEY TERMINATED THE CALL.
Customer: replied 1 year ago.
CAN THIS GO TO COURT AND IF SO WILL HE LOSE HIS LICENCE?
Expert:  Ash replied 1 year ago.
Did he pay on debit card or bank transfer? I assume he has evidence?
Customer: replied 1 year ago.
HE PAID WITH DEBIT CARD. AS HE DOES NOT BANK ONLINE HE NEEDS TO GO INTO THE BANK AND ASK IF THEY CAN FIND THE TRANSACTION AND PRINT IT OFF FOR HIM FOR PROOF HE PAID THE SPEEDING TICKET. BUT EVEN SO HE WILL LOSE THE £150 HE HAS ALSO PAID. HE THINKS THAT HE WILL STILL HAVE TO GO TO COURT AND IS AT HIS WITS END.
Customer: replied 1 year ago.
HE JUST WANTS TO STOP COURT PROCEEDINGS. AS I DO AS I THINK THIS IS UNFAIR AND UNJUST.
Expert:  Ash replied 1 year ago.
It's suspicious that he paid £60 fine and another £150. He needs to get the evidence from the bank and go to court. At most the court will give him points and a fine. But he won't lose his licence. But if he has paid the fine it's possible the court won't give any fine because he has already paid it - which is why evidence is needed.
But he won't lose his licence. Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
SO HE LOSES £210 WILL STILL HAVE TO GO TO COURT. GET MORE POINTS TO ADD TO THE 3 HE HAS BEEN GIVEN AND I HAVE BEEN TOLD HE WILL HAVE TO PAY COURT COSTS OF UP TO £2000.THIS IS TOTALLY UNFAIR AND I THINK I MAY HAVE TO COMPLAIN TO THE IPC
Expert:  Ash replied 1 year ago.
No. The court may not impaoe a fine if they see he has already paid the fixed penalty. He won't get more points for the same offence. He won't be fined £2000 if he has already paid.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
SADLY THE POLICE REFUSE TO BACK DOWN ABOUT THIS COURT CASE AND MY SON IS NOW AT HIS WITS END WITH FEAR ABOUT WHAT THIS COURT CASE WILL DO TO HIM. AS I SAY IF THEY DISQUALIFY HIM HE LOSES HIS JOB AND HIS HOME, I HAVE MADE AN ONLINE COMPLAINT TO THE IPC
Expert:  Ash replied 1 year ago.
He wont be disqualified - he cant be punished for the same thing TWICE.
Alex
Customer: replied 1 year ago.
HOW CAN MY SON FIGHT THIS UNJUST DECISION TO TAKE HIM TO COURT? HE HAS CHECKED THE DVLA WEBSITE WITH HIS DRIVING LICENCE NUMBER AND NATIONAL INSURANCE NUMBER AND IT SHOWS NO POINTS ON HIS LICENCE. WE DON'T UNDERSTAND WHY WHEN HE HAS PAID 2 FINES. HE IS TILL WAITING FOR A REPLACEMENT LICENCE TO BE SENT TO HIM FOLLOWING THE FACT THAT HE SNAPPED HIS OLD ONE. HE REALLY IS IN A BAD WAY AND I AM SO WORRIED FOR HIM. I HAVE RECEIVED A REPLY FROM THE IPPC SAYING A ROAD SAFETY MANAGER WILL CONTACT ME BUT SO FAR NO ONE HAS. I HAVE SPOKEN TO EX COLLEAGUES IN THE TRAFFIC DEPARTMENT AND NO ONE HAS EVER HEARD OF THIS HAPPENING BEFORE.

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