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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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Didn't pay speed camera fine on time so now it is with

Customer Question

Didn't pay speed camera fine on time so now it is with procurator fiscal court appearance 28th Nov 16. I did send back driver information on time. New paperwork cites an old fine from Jan 2016 I think (paid and endorsed) as evidence.
I would like to just clear this up and pay fine without appearing in court. Can this be done? And how so?
Since this non paid fine... new road works average speed cameras picked up 2 more tickets - Very bad year is an understatement. These are not mentioned in above evidence of non paid fine. Also not sent back driver details to start process yet.
I calculate potentially12 points in total on licence. major issue is I need licence to work - could I lose my licence/job?
What do I do to fix this and keep licence/job and not have to appear I court?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Note: held licence for 21 years past odd fine but clean licence till this year.
Expert:  Nicola-mod replied 1 year ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
Evening Nicola,
Yes if you could keep searching, I don't mind continuing to wait.Thank you .
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Jo C. replied 1 year ago.

Sorry for the delay.

I'm not sure what your question is. You can plead guilty by post. That will lead to a fine and points but you don't have to appear in court.

If you are asking whether or not you can take this matter back to the issue of the fixed penalty though then you cannot do that I'm afraid.

Can I clarify anything for you?

Customer: replied 1 year ago.
I was initially keen to simply not have to attend court and settle in whatever way was available to me just now. However the problem is the ticket for which I have received this court date, is only the first speed camera ticket of 3 that I have now received in a space of two months. I have only just returned the drivers details for the last 2 tickets yesterday thus haven't received my conditional offers yet.
My major concern is tallying all the potential points comes to a total of 12 including 3 points that already exist on my licence - which if I remember correctly is an automatic ban.I'm looking for advice about how best to proceed with these. Is there some way that a ban can be avoided? My licence is vital for my employment.I am the bread winner of my household. I cannot afford to lose my job, and default on our mortgage when I have a 3yr old dependent child.It has been suggested to plead guilty which would allow more time for outcomes to the last 2 tickets to materialise then deal with all 3 tickets in court.Pleading not guilty does not feel right to me... However that this the best approach?
Expert:  Jo C. replied 1 year ago.

If this will knock you over the 12 points then the only way to avoid a ban is to attend court and argue exceptional hardship applies.

That does mean that you have to have the defence though.

Expert:  Jo C. replied 1 year ago.

Job loss can be the basis of an application although it is not usually enough basically because most people can do their job without driving.

You have to prove that it is not possible to do your job without driving. Taxi drivers would be covered. Those who just find it more convenient to drive would not.

Customer: replied 1 year ago.
My job provides a home based service for the vulnerable elderly/disabled... At times I need to be able to attend site asap if there is a potential hazard/emergency to the client. Having a licence was also an essential requirement by employer for my position. Just to add to the mess, there are also other issues at work just now that this might tip the balance towards me losing my job. Do these circumstances bear any weight at all?In terms of hardship, what would the parameters be?
Expert:  Jo C. replied 1 year ago.

Why can't you do that by public transport?

Or taxi?

Remember this is exceptional hardship not just inconvenience or expense.

It might well be that you do have an application but you need to show that you will suffer exceptional hardship and you have the burden of proof.