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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70650
Experience:  Over 5 years in practice
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My friend missed court date for not sending off her licence

Customer Question

my friend missed court date for not sending off her licence for a FPN. missed the date as genuinely never received the summons letters what will happen now. how can she prove not receiving summons?
Submitted: 14 days ago.
Category: Law
Expert:  Jo C. replied 14 days ago.

Do the DVLA have the correct address for her?

Customer: replied 14 days ago.
Customer: replied 14 days ago.
she lives at the same address that the FPN came to and the licence address is correct.
Expert:  Jo C. replied 14 days ago.

What is she summonsed for?

Customer: replied 14 days ago.
Not complying with fpn and sending licance off to DVLA and not turning up to court the first time as she did not receive the summons.
Expert:  Jo C. replied 14 days ago.

That is not an offence.

Not complying with an FPN is something anybody is entitled to do.

Not sending your licence to the DVLA does not lead to a summons?

Customer: replied 14 days ago.
She paid the fpn for speeding and as she did not send off her licance the £100 was paid back into her account.
Expert:  Jo C. replied 14 days ago.

Oh I see.

She didn't send her licence in so they revoked the offer and summonsed for speeding.

She can make a statutory declaration to get the case reopened at any magistrates to the effect that she did not receive the summons.

That will almost certainly be accepted.

However, obviously she can only do this if that is what did happen as swearing a false statutory declaration is perjury which lead s to custody on a first offence.

Can I clarify anything for you?

Jo