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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice.
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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: 11 months ago.
Category: Traffic Law
Expert:  Jo C. replied 11 months ago.

Are you asking if this gives you a defence?

Customer: replied 11 months ago.
What would you advise I do in the circumstance
Expert:  Jo C. replied 11 months ago.

I cannot really give you good news.

The plain fact is that you are summonsed to court.

Expert:  Jo C. replied 11 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 11 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

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