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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice.
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I paid a speeding fine which i have proof of. However this

Resolved Question:

I paid a speeding fine which i have proof of. However this was put back into my account some 3 months later and i have been taking to court for no payment of fine. Ive e mailed and called but no one can tell me why. How can i re-dress this as i now have a bailiffs letter. Many thanks
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

Do you mean you tried to accept a fixed penalty?

Customer: replied 1 year ago.
163;100 paid on time and licence sent off for speeding 3 points. That was in Aug 2015 and in November 2015 in was paid back into my account, which i didnt notice. In Feb 16 i got a letter saying it had gone to court and i owed £325 for non payment of fine. Ive contested this and no one can answer why. Its escalted to the point of bailiffs and a £650 fee
Expert:  Jo C. replied 1 year ago.

How many points do you have already?

Customer: replied 1 year ago.
i accepted it and paid it
Customer: replied 1 year ago.
I have no points
Expert:  Jo C. replied 1 year ago.

Did you accept in 28 days of issue?

Customer: replied 1 year ago.
the payment was done on an automated system, i wasgiven a ref number and it appears on my bank statement
Expert:  Jo C. replied 1 year ago.

Yes, but was the licence sent in within 28 days?

Customer: replied 1 year ago.
The ref number has to go on the form that you send with your licence. From my recollection it only stated that the fine had to be paid within 28 days. I posted my licence off with the form the next day after my payment
Expert:  Jo C. replied 1 year ago.

And was that within 28 days?

Customer: replied 1 year ago.
Not that i can recall. The payment was made on the final day as per the notice. Then the licence was posted off the next day.
Expert:  Jo C. replied 1 year ago.

Ok. That is probably the issue then.

Probably they revoked the offer because it wasn't accepted in 28 days. They are strict with time limits because they have to have the matter in court within 6 months.

Expert:  Jo C. replied 1 year ago.

It depends what you what to achieve here.

The reality is that it is too late to accept the fixed penalty now.

However, you might well be able to get rid of costs and the bailiffs fees.

If you didn't get a summons to court then you can ask the Magistrates to reopen the matter.

Expert:  Jo C. replied 1 year ago.

Sometimes they will.

Failing that you could make a statutory declaration to that effect if indeed you did not get the summons.

Expert:  Jo C. replied 1 year ago.

Probably it would be granted.

That would save a huge amount.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Ive not been summons. Ive spoken and e mailed the court in question. Got no response from my e mail and subsequent chase mail. All the phone calls ive made, no one can tell me the reasons why
Customer: replied 1 year ago.
How do i go about making a statutary declaration?
Expert:  Jo C. replied 1 year ago.

You will have been summonsed.

I would find out where the case was heard and go and ask them to reopen it first. Apart from anything else there is no cost and a stat dec does have some cost.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay thanks for your help