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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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I was caught by a speeding camera and received an FPN which

Resolved Question:

I was caught by a speeding camera and received an FPN which I paid immediately. I couldn't find the paper part of my license so applied online for a renewal which arrived and I completed with a recent photo and returned on 9th May with my photocard license and a cheque for £20. I called the fixed penalty office and they gave me an extension to 30th May to submit both parts of the license for endorsement. The replacement driving license still hasn't arrived so I called the FP office today for advice and they have given me a final extension to 9th June and told me to contact DVLA and let them know the urgency. I called the DVLA and was told that if the replacement didn't arrive in the next few days I should send a new application! No help to me to submit on 9th as the DVLA takes 3 weeks to process. My gut feeling is that I'll be sent summons on 10th even though I have done everything in my power to clear the matter within the time given.
Any advice you can give me would be helpful.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

Can you confirm a summons will be issued and if so should I contact the court directly and explain my situation?

Expert:  Jo C. replied 3 years ago.
No, do nothing. What was your speed and what was the limit please?

Also what was the date roughly of the offence?
Customer: replied 3 years ago.

fixed penalty says in excess of 50mph on 9th January

Expert:  Jo C. replied 3 years ago.
Do you know what speed you are said to have been doing?
Customer: replied 3 years ago.

Sorry I lost internet .I think it was 71mph

Expert:  Jo C. replied 3 years ago.
Thanks.

If the speed limit was 50 mph and you were said to have been doing 71 mph then they were never realistically going to deal with this by way of fixed penalty anyway. They may have made that offer but it was likely to have been withdrawn when they realised the speed as it exceeds the sentencing guidelines. They can let these slip sometimes but not often.

In fact, I would do nothing in this case anyway. If this incident was on the 9th January then they only have until the 9th July to summons you anyway and they do regularly forget. If they do then they will be time barred.

Even if they do summons you to court though you would only be eligible for 4-6 points or a ban of between 7 - 28 days and a fine. They will obviously only give you points and probably they would only be 4 to 5.

There will be a fine of between 75-125% of your weekly income, costs of £85 and the surcharge of roughly 10% of the fine.

But they only have just over one month to lay an information so it might all disappear into nothing.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Then I must have been doing below 70. I was approaching the Severn bridge toll so was probably slowing.


Thanks for this - I'll be prepared so I feel much better. Would I have to attend court in person?

Expert:  Jo C. replied 3 years ago.
They might ask you to attend for consideration of disqualification.

Its a good idea to attend anyway.
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