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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78450
Experience:  Over 5 years in practice
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I had a fixed penalty for speeding which I admitted to and I

Customer Question

Hi I had a fixed penalty for speeding which I admitted to and I paid the fine but I never sent my license off as it wasn't asked for at that time to have points put on it. I've just recieved a letter saying they are going to prosecute me because I never sent the license even atfer they sent a reminder that I never recieved. I'm a gas engineer and I have been on the front line the whole of the pandemic but I wouldn't break the law.
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Bedford
JA: Do you need to appear in court?
Customer: If i plead guilty then a magistrate decides but they never sent me a reminder
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm not putting my life on the line each day to have someone take advantage of me
Submitted: 10 days ago.
Category: Law
Expert:  Jo C. replied 10 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 10 days ago.

Are you asking if you have a defence?

Customer: replied 10 days ago.
I never recieved a reminder to send my driving licence but I paid the fine and I reiceved that paperwork.
Expert:  Jo C. replied 10 days ago.

But did you send your licence in?

Customer: replied 10 days ago.
No I never sent my licence in
Expert:  Jo C. replied 10 days ago.

Ok, what was your speed and what was the limit?

Customer: replied 10 days ago.
I was doing 37mph in a 30mph area and I admitted this straight away.
Customer: replied 10 days ago.
Also I was bitten by a dog this day but bedford council were not interested
Expert:  Jo C. replied 10 days ago.

I can help with both but you would need to ask another question about the dog as it is dissimilar. If you request me it will come to me.

Are you asking what you would get at court?

Expert:  Jo C. replied 7 days ago.

Obviously I can only give you a general answer as you haven’t come back.

If you are asking whether they can prosecute you then sadly the answer is yes.

These fixed penalties are an invention of the police. They don’t exist in law. They certainly weren’t provided for by Parliament. The purpose of them is to divert cases from court.

The reality is that, come what may, they didn’t get your licence so couldn’t add points. I realise that wasn’t your fault but that doesn’t change the fact. They have turned to a summons because they only have six months to lay an information or they will be time barred.

The question is whether you have a defence to the substantive charge. If you were going to accept the FPN then I suppose not.

If you plead guilty though and mitigate on the basis that you tried to accept but failed for whatever reason then they may give you a fine of £85 and the surcharge of £15 plus 3 points. I have seen magistrates do that many times. It can’t be guaranteed though.

There is one option that you could try; I think you were thinking of it anyway. Write to them and declare your ignorance and make clear it was all your fault and ask them to let you accept the FPN. They can do it when it suits them.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo