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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Is it possible to appeal a speeding fine dating from 21

Customer Question

is it possible to appeal a speeding fine dating from 21 August 2015 ? A conditional offer of GBP 100 and 3 points was offered (10 April 2015) which was contingent on providing both parts of the driving licence. On 20 May 2015 I wrote to West Yorkshiire Police to advise:
"Further to your Conditional Offer dated 10 April 2015, received when I returned to the UK on 2 May 2015 and subsequent to our previous conversation (circa 5 May 2015) in which I advised you that I was unable to process my acceptance of the Conditional Offer as I did not have the paper counterpart to my driving licence, I’ve never seen it & question if I’ve ever received it. During our previous conversation it is my understanding that I would be granted more time to contact DVLA in order to obtain the paper counterpart to my driving licence.
In the interim period DVLA have advised that as the paper counterpart will be “abolished” effective 5 June 2015, they no longer issue paper counterparts."
I was fined 6 points and GBP 500 plus costs.
Now I'm in a situation where I face a ban (totting up) due to a similar offence (96 mph on the M6 Toll) and cannot afford to be banned.
Your advice is greatly appreciated.
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

Hi

Why didn't you act in time?

Customer: replied 2 months ago.
In the initial instance i.e. timely response to the Conditional Offer I had 28 days to respond (from 10 April 2015) which I did immediately on return (2 May 2015) from working overseas, in subsequent discussions West Yorkshire Police were adamant that I needed both parts of the licence. I didn't appeal as the Notice of Fine and Collection Order didn't offer such option ... due to other factors such as being diagnosed with Parkinson's Disease (July 2015), losing my job soon thereafter and marital difficulties I was somewhat despondent at the time and 'took' the fine and points 'on the chin'.
Expert:  Jo C. replied 2 months ago.

Ok. On what basis would you appeal this?

Customer: replied 2 months ago.
That I advised the prosecuting party that I was prepared to accept the Conditional Offer of Fixed Penalty but as the prosecuting party required both parts of the driving licence that DVLA advised were not available (the "paper copy" had not available for some time (my licence was issued in September 2014) the prosecuting party ignored this fact and seemingly rejected my acceptance of the Conditional Offer.
Expert:  Jo C. replied 2 months ago.

Sorry for the delay.

The fundamental problem here is this. People do not have a right to demand the fixed penalty. It is bad luck that you could not accept because you could not submit your licence in both parts but it is not a legal challenge. Come what may, you didn't submit your licence so they couldn't add points. Therefore the fixed penalty could not be accepted. It might not have been your fault but it is the legal position.

Therefore there is no basis for appeal.

In any event though, you are out of time to appeal. There is an automatic right to appeal within 28 days of sentence. They will sometimes allow a belated appeal if there are good grounds but that doesn't apply here.

I'm very sorry but that is your position I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 2 months ago.
Hi Jo,Thanks for your response. I thought the position outlined by you may be the case.Thank you for your advice.Regards,
Gary
Expert:  Jo C. replied 2 months ago.

No problem.

All the best

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