Court summons for speeding - advice please

ellas9602

Hello

My OH was caught doing 35 in a 30 MPH zone in Feb, we received the notifictation, admitted he was the driver, declined the driving course and sent the paperwork back.

This morning have received a summons to appear before a magistrates court, the paperwork we sent back is copied and included with the witness statement and we dont understand why it has come to this.

We're guessing that further paperwork was sent to us. i.e the fine, and so it appears that we have ignored it or something as we have genuinely received absolutely nothing further - is this likely?

Has anyone else been in this position? and what was the outcome - is the fine much bigger?

Thanks

HappyMJ

You were offered a penalty. You did not pay the penalty so it has to go to court for the court to consider the case and if you are found guilty to impose a fine. The fine is usually the same as the penalty that was offered in the first place plus a £15 victim surcharge plus the prosecutions costs. However, if your OH does not work then the fine can be less than the penalty and if there are mitigating circumstances then the fine could also be less.

bargepole

It's not clear why you declined the Speed Awareness Course. If you're admitting the offence, then that is usually the best option, as it avoids getting points on your licence.

It's only worth going to Mags Court if you're entering a Not Guilty plea, in which case you'll need a good defence.

A Guilty plea in court, for 35 in 30, will probably result in £100 fine, 3 points, and £15 victim surcharge.

SailorSam

Why didn't you take the driving course when it was offered, surely it has to be better than a fine and points.

ellas9602

Thanks. What if the penalty was not received? We would have happily paid the penalty. The course was declined because it was in another town and with my OH's job he just didnt have the time. How much are prosecution costs likely to be?

Thanks for your replies

give_them_FA

Perhaps in rejecting the SAC you inadvertently failed to agree to the fixed penalty system. The inevitable outcome then, is that the matter gets taken to Court.

If the SAC and FP were sent together you may have mistakenly refused both?

HappyMJ

ellas9602 wrote: »

Thanks. What if the penalty was not received? We would have happily paid the penalty. The course was declined because it was in another town and with my OH's job he just didnt have the time. How much are prosecution costs likely to be?

Thanks for your replies

£50 or so for a straight guilty plea...not very much. Luckily they don't take the pee like many other government departments. Tell them that no penalty was offered and the judge might not give you such a big fine. The fine is relative to what your OH earns so the more he earns the more the fine will be.

ellas9602

The only paperwork we received was the SAC stuff and another document which we have completed and they have received as they have sent us a copy this moring. It's called Section 172 Driver Statement. We have ticked that he was the driver at the time and given licence details etc.
We have been expecting notice of a fine but have received nothing further.

give_them_FA

Why not phone and ask why a FP was not offered, it may be an oversight on their part, and would be helpful to you in Court.

ellas9602

Thanks, who do we phone, the police or the court?

give_them_FA

Police. Court will not know anything. Or the Crown Prosecution Service. (NOT Combined Parking Solutions by mistake, sorry, forum joke!)