Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Dolly123
    • By Dolly123 14th Dec 16, 8:14 PM
    • 19Posts
    • 0Thanks
    Dolly123
    Speeding fine refunded then nothing heard
    • #1
    • 14th Dec 16, 8:14 PM
    Speeding fine refunded then nothing heard 14th Dec 16 at 8:14 PM
    Advice please...

    Basically i got caught speeding in Feb by a camera doing 41 in a 30mph on the 4.30am on Sunday then again at the same speed camera the following thursday doing 43mph at a similar time (yes yes i know I'm a wally, i drive past this camera every day on my way to work!)

    Now when i received the summons through the post rang up and paid them both and then sent my licence off to Essex for my points to be put on.

    Then in September i noticed £100 had been put into my account from the courts service i had no idea what it was from so did a bit of googling and found out that i should of sent my licence off, then received it back and sent it back to them to put the second lot of points on

    I immediately started to panic and rang them and only to be told that yes i should of sent my licence off twice i asked to be speak to someone straight away to let them know what i had done and they said that i couldn't speak to anyone and that i had to wait and that i would be receiving a court summons

    Its now December and I've not heard a thing what should i do? i checked my driving licence recently and i only have 3 points on my licence???
Page 1
    • Tothepoint.
    • By Tothepoint. 14th Dec 16, 8:20 PM
    • 379 Posts
    • 224 Thanks
    Tothepoint.
    • #2
    • 14th Dec 16, 8:20 PM
    • #2
    • 14th Dec 16, 8:20 PM
    The dvla will revoke it soon.
    • Dolly123
    • By Dolly123 14th Dec 16, 8:20 PM
    • 19 Posts
    • 0 Thanks
    Dolly123
    • #3
    • 14th Dec 16, 8:20 PM
    • #3
    • 14th Dec 16, 8:20 PM
    What does that mean?
    • rich13348
    • By rich13348 14th Dec 16, 9:02 PM
    • 702 Posts
    • 384 Thanks
    rich13348
    • #4
    • 14th Dec 16, 9:02 PM
    • #4
    • 14th Dec 16, 9:02 PM
    What does that mean?
    Originally posted by Dolly123
    Dont worry about Tothpoints comments they obviously revel in others misfortune.

    Your licence will only be revoked if you are a new driver of less than 2 years and you get 6 points within those 2 years. That is the only way you the DVLA will revoke your licence.

    It may take some time for your court date to be assigned. Try phoning again a and ask if you have a court date yet. Have you moved house between September and now. If so did you change your address on both V5C for your car and your drivers licence? Did you set up a mail redirect to get any mail you may be sent if they don't do another check for address.

    If it does go to court you may find you will be charged court fees and other victim charges or something along those lines and you may even get a more substantial fine. This is worst case scenario. Ask the judge for leniency if you get that far.
    • Rover Driver
    • By Rover Driver 14th Dec 16, 9:10 PM
    • 1,237 Posts
    • 564 Thanks
    Rover Driver
    • #5
    • 14th Dec 16, 9:10 PM
    • #5
    • 14th Dec 16, 9:10 PM
    The DVLA will not revoke the licence as the Fixed Penalty Offer will have been cancelled and the £100 refunded.
    The normal process is that the matter is then dealt with at court.
    • GTE Boy
    • By GTE Boy 14th Dec 16, 9:21 PM
    • 199 Posts
    • 127 Thanks
    GTE Boy
    • #6
    • 14th Dec 16, 9:21 PM
    • #6
    • 14th Dec 16, 9:21 PM
    Dont worry about Tothpoints comments they obviously revel in others misfortune.

    Your licence will only be revoked if you are a new driver of less than 2 years and you get 6 points within those 2 years. That is the only way you the DVLA will revoke your licence.

    It may take some time for your court date to be assigned. Try phoning again a and ask if you have a court date yet. Have you moved house between September and now. If so did you change your address on both V5C for your car and your drivers licence? Did you set up a mail redirect to get any mail you may be sent if they don't do another check for address.

    If it does go to court you may find you will be charged court fees and other victim charges or something along those lines and you may even get a more substantial fine. This is worst case scenario. Ask the judge for leniency if you get that far.
    Originally posted by rich13348
    Are you sure?

    What happens when you don't surrender it for points after conviction?

    Revocation.

    Mind you driving otherwise in accordance following that revocation is a non endorsable offence.
    • Rover Driver
    • By Rover Driver 14th Dec 16, 9:31 PM
    • 1,237 Posts
    • 564 Thanks
    Rover Driver
    • #7
    • 14th Dec 16, 9:31 PM
    • #7
    • 14th Dec 16, 9:31 PM
    Courts no longer require the licence to be surrendered on conviction as the DVLA are notified by the court and the licence record updated.
    To accept a Fixed Penalty Offer, the licence still has to be sent to the fixed penalty office.
    • Car 54
    • By Car 54 14th Dec 16, 9:57 PM
    • 1,747 Posts
    • 1,084 Thanks
    Car 54
    • #8
    • 14th Dec 16, 9:57 PM
    • #8
    • 14th Dec 16, 9:57 PM
    Are you sure?

    What happens when you don't surrender it for points after conviction?

    Revocation.

    Mind you driving otherwise in accordance following that revocation is a non endorsable offence.
    Originally posted by GTE Boy
    Really? 3-6 points or a discretionary ban according to the Highway Code.
    • facade
    • By facade 15th Dec 16, 5:44 AM
    • 2,527 Posts
    • 1,295 Thanks
    facade
    • #9
    • 15th Dec 16, 5:44 AM
    • #9
    • 15th Dec 16, 5:44 AM
    Are you sure?

    What happens when you don't surrender it for points after conviction?

    Revocation.
    Originally posted by GTE Boy
    The OP has not been convicted yet.

    The £100 fixed penalty is a way to avoid prosecution & conviction.
    As the terms of the fixed penalty have not been complied with the OP has rejected that offer, and the next step is prosecution in court.

    I still think you have to surrender your licence for endorsement, even though there is no paper part to mark them on, and the licence is revoked if this is not done, following conviction if the court impose points.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Tothepoint.
    • By Tothepoint. 15th Dec 16, 5:56 AM
    • 379 Posts
    • 224 Thanks
    Tothepoint.
    The OP has not been convicted yet.

    The £100 fixed penalty is a way to avoid prosecution & conviction.
    As the terms of the fixed penalty have not been complied with the OP has rejected that offer, and the next step is prosecution in court.

    I still think you have to surrender your licence for endorsement, even though there is no paper part to mark them on, and the licence is revoked if this is not done, following conviction if the court impose points.
    Originally posted by facade

    While factually correct that's just a play on words. As three points will class as aconviction for insurance and totting up purposes.
    • Tothepoint.
    • By Tothepoint. 15th Dec 16, 6:01 AM
    • 379 Posts
    • 224 Thanks
    Tothepoint.
    Really? 3-6 points or a discretionary ban according to the Highway Code.
    Originally posted by Car 54
    Section 87(1) doesn't carry points.
    • Car 54
    • By Car 54 15th Dec 16, 6:27 AM
    • 1,747 Posts
    • 1,084 Thanks
    Car 54
    Section 87(1) doesn't carry points.
    Originally posted by Tothepoint.
    Really?

    It does according to gov.uk https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points
    (LC20)

    And confirmed by a law firm "Under s 87(1) of the Road Traffic Act 1988 it is an offence to drive a vehicle without a license appropriate to a vehicle of that class ...

    If a driver is convicted of driving without a license then they will almost inevitably incur between three and six penalty points and can be fined up to £1000. The courts also have the power, exercised on a discretionary basis, to disqualify such a driver from holding or obtaining a license for a period of time."

    http://www.roadtrafficexpert.com/no-insurance-licence-mot.html

    But let's hope their grasp of the law is better than their spelling.
    • facade
    • By facade 15th Dec 16, 6:49 AM
    • 2,527 Posts
    • 1,295 Thanks
    facade
    While factually correct that's just a play on words. As three points will class as aconviction for insurance and totting up purposes.
    Originally posted by Tothepoint.
    Indeed, but it is a play on legal words, not mine Accepting a fixed penalty is not an admission of guilt either, just an agreement to dispose of the matter outside of court.

    However, my point was the OP has simply failed to meet the terms of the Fixed Penalty offer, so the offer has been rescinded, and the matter reverts to court, so revocation of the licence is not an issue.

    I would take this over to Peppipoo, but usually it is possible to appear in court and ask for the same penalty as the original fixed penalty offered, if the reason for non-compliance is a technical one, and the OP acted in good faith.

    Failure to meet terms imposed by the court can lead to revocation of the licence.

    What we usually hear is that when someone gets their fixed penalty refunded, they assume that they have been "let off", somehow never receive the court summons, fail to show up in court and are convicted in their absence. They then get their licence revoked for not surrendering it for endorsement following the conviction that they didn't know about. (Usually when Court Appointed Bailiffs turn up for the fine)
    Last edited by facade; 15-12-2016 at 6:54 AM.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Aretnap
    • By Aretnap 15th Dec 16, 8:05 AM
    • 2,580 Posts
    • 2,041 Thanks
    Aretnap
    The actual law is in Schedule 2 of the Road Traffic Offenders Act

    http://www.legislation.gov.uk/ukpga/1988/53/schedule/2

    Driving otherwise than in accordance with a licence (RTA s87) is endorseable only "where the offender’s driving would not have been in accordance with any licence that could have been granted to him". In other words it carries points if you are not in a position to hold a licence to drive that sort of vehicle at all, for example because you've never passed a test, or because you're unable to get a licence for medical reasons. If the only reason you don't have a licence is because you haven't sent the right bits of paper to the DVLA then it's treated more as an administrative offence, and comes with a fine only.

    (It's not especially relevant though, because the OP won't be getting her licence revoked)
    • Dolly123
    • By Dolly123 15th Dec 16, 9:52 AM
    • 19 Posts
    • 0 Thanks
    Dolly123
    Hi thanks for your reply, no I've been driving 15 years and I've not moved in the last 3 years, I did send my licence off with all good intentions never did it occur to me that they wouldn't apply both sets of points whilst they had my licence it was completely accidental.

    Dont worry about Tothpoints comments they obviously revel in others misfortune.

    Your licence will only be revoked if you are a new driver of less than 2 years and you get 6 points within those 2 years. That is the only way you the DVLA will revoke your licence.

    It may take some time for your court date to be assigned. Try phoning again a and ask if you have a court date yet. Have you moved house between September and now. If so did you change your address on both V5C for your car and your drivers licence? Did you set up a mail redirect to get any mail you may be sent if they don't do another check for address.

    If it does go to court you may find you will be charged court fees and other victim charges or something along those lines and you may even get a more substantial fine. This is worst case scenario. Ask the judge for leniency if you get that far.
    Originally posted by rich13348
    • facade
    • By facade 15th Dec 16, 10:22 AM
    • 2,527 Posts
    • 1,295 Thanks
    facade
    They have upto 6 months from the date of the offence (the speeding since you admitted who was driving) to lay papers before the Court, and then it can be 2 or 3 weeks more before you hear anything.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Rover Driver
    • By Rover Driver 15th Dec 16, 10:23 AM
    • 1,237 Posts
    • 564 Thanks
    Rover Driver
    The gov.uk website only gives general advice, often, as in this case, not that accurate, and should not be relied on without reference to the relevant legislation.
    • Tothepoint.
    • By Tothepoint. 15th Dec 16, 12:36 PM
    • 379 Posts
    • 224 Thanks
    Tothepoint.
    Really?

    It does according to gov.uk https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points
    (LC20)

    And confirmed by a law firm "Under s 87(1) of the Road Traffic Act 1988 it is an offence to drive a vehicle without a license appropriate to a vehicle of that class ...

    If a driver is convicted of driving without a license then they will almost inevitably incur between three and six penalty points and can be fined up to £1000. The courts also have the power, exercised on a discretionary basis, to disqualify such a driver from holding or obtaining a license for a period of time."

    http://www.roadtrafficexpert.com/no-insurance-licence-mot.html

    But let's hope their grasp of the law is better than their spelling.
    Originally posted by Car 54

    Yes, look it up for yourself.
    • Dolly123
    • By Dolly123 17th Mar 17, 8:58 PM
    • 19 Posts
    • 0 Thanks
    Dolly123
    I still havent heard a thing......?
    • shaun from Africa
    • By shaun from Africa 18th Mar 17, 12:01 PM
    • 9,036 Posts
    • 10,146 Thanks
    shaun from Africa
    I still havent heard a thing......?
    Originally posted by Dolly123
    It might be worth doing a check of your licence information here:
    https://www.gov.uk/view-driving-licence
    This will show any points or disqualifications.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

126Posts Today

2,048Users online

Martin's Twitter