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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71056
Experience:  Over 5 years in practice
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Hi, I have a fixed penalty for using my phone when driving.

Customer Question

Hi, I have a fixed penalty for using my phone when driving. I payd the fine over the phone, and pas my driving licence to my local police station which is in ramsgate Kent. 2 months later I found that they lost my driving licence, so I applyed for new one. Now I received a summons later. The reason is because I Faild to sent my dr.licence to the police station in Maidstone. My options now are: Plead guilty by post. Plead guilty at court. Plead not guilty. I don't know wich one to chose. I believe I'm not guilty but I don't want to make this situation worst.
Nikolay Marashev
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you send your driving licence in with the fixed penalty ?
Customer: replied 3 years ago.
I went to my local police station and give my dr.licence to them, I have receipt. And I have a crime reference number for that they lost my dr licence as well
Expert:  Jo C. replied 3 years ago.
So you didn't send it in with the fixed penalty?
Customer: replied 3 years ago.
No, I didn
Expert:  Jo C. replied 3 years ago.
OK. Thanks
Have they refunded the money you paid?
Customer: replied 3 years ago.
No, they told me that I have to write a letter to them and they will refund the cost of the new licence, but I never write a letter asking for refund
Expert:  Jo C. replied 3 years ago.
They will refund it. You are entitled to the money back.
The reason you have been summonsed is that you didn't send your licence in for points to be added. I realise that wasn't your fault but it is the position nonetheless. Without a licence they cannot add points. Without that you cannot have the fixed penalty.
You will only get 3 points and a fine at court. The situation is mitigation and you might find that the court would be willing to add 3 points and fine £85 and levy the victim surcharge of £15 so you would be dealt with as though you had the fixed penalty anyway.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 3 years ago.
Ok, so I have to answer to summons letter- guilty by post? It's that write? And most importantly becouse I'm working in security industry : would that be shown in my creminal records file?
Expert:  Jo C. replied 3 years ago.
You can plead and mitigate by post but you do have the right to attend if you choose.
No, this is a non recordable offence so it won't show on your DBS check.