How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

In June of this year I received the offer of a fixed penalty

Customer Question

In June of this year I received the offer of a fixed penalty fine of £100 plus 3 points on my licence. I accepted this and paid the fixed Penalty Fine but was unable to send my Plastic Licence as I surrendered it to DVLA in the previous October for renewal (I am 77 Years old and have to renew every 3 years) Because I have a motorhome that weighs over 3.5 tonnes I am required to take a medical after which the DVLA sends me for other tests.
On this occasion they have ta***** *****er than usual and even sent me a letter, in March, advising of a further delay of at least 9 weeks!
I advised "the Conditional Offer Office" of this both in writing and verbally on the phone but they dismissed this saying they could sometimes wait a couple of weeks but not indefinitely and advised me to take it up with DVLA, which I already had but DVLA said I would have to wait for my licence to be processed.
Yesterday I received "Single Justice Procedure Notice" advising me that I now have to plead my case - they are repaying my fine to enable the court to set a new one plus £85 court costs .
I have spoken to DVLA and they say they cannot issue me with an letter of confirmation - the court will have to apply for it.
They also added that the Police have direct access to their records and could have checked my information back in June when they received letter.
What can I do?
Brian Hubbard
Submitted: 4 months ago.
Category: Traffic Law
Expert:  Jo C. replied 4 months ago.

Are you asking if this gives you a defence?

Customer: replied 4 months ago.
What would you advise I do in the circumstance
Expert:  Jo C. replied 4 months ago.

I cannot really give you good news.

The plain fact is that you are summonsed to court.

Expert:  Jo C. replied 4 months ago.

I realise that you are not to blame for the inability to send your licence to them but I'm afraid that there is an element of luck with things like this.

Expert:  Jo C. replied 4 months ago.

If you couldn't send your licence in then they couldn't add the points so the fixed penalty could not be accepted.

Therefore, they have summonsed to avoid time barring.

In those circumstances, you don't have too many options other than to plead guilty and mitigate on the basis that you tried to accept the fixed penalty but could not.

You might find a Bench that will just add three points and a fine of £85 plus the surcharge of £15 so you would be dealt with as though you had the fixed penalty anyway.

Can I clarify anything for you?

Jo

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    3044
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3044
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    80
    Partner in national law firm
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.