Can I appeal against a speeding fine

beve123

Like I said I told the dvla of address change hence the first letter to ask if I was the registered keeper. I replied in the first instance. Then I never heard anything else regarding the matter until I received a letter from the dvla to return my driving license. This is when I contacted the courts to ask what had happened. They informed me that I had appeared in court and been found guilty in my absence . But they told me all the documentation had been sent to the wrong address.

beve123

DaveF327 wrote: »

Drinking licence? I think we know why you appear somewhat disorganised

It's a legal requirement to notify DVLA of a change of address immediately, both for your driving licence and for your vehicle registration. You're lucky you weren't also fined for failing to notify an address change, especially as you've lived at your address for a whole year now and haven't told them. If you didn't tell them, then you're to blame for proceedings reaching the stage that they have.

I did tell them my change of address and also for my new v5
Which was in January 2013 !!

Ebe_Scrooge

beve123 wrote: »

Like I said I told the dvla of address change hence the first letter to ask if I was the registered keeper. I replied in the first instance.

I may be being a bit thick here, but can you clarify what happened ? If I understand correctly, you were flashed by a fixed speed camera ( Gatso type thing ), then received a letter asking if you were the registered keeper ? You wouldn't normally get just "a letter", it's a NIP ( Notice of Intended Prosecution ) form - which is near as dammit a speeding ticket. What normally happens is you cough up, say "Yes I'm the registered keeper, I was driving" - by way of signing and returning it. You then get £60 and 3 points, end of story. If you wish to contest the ticket, you still have to return the NIP, but there's a space to say you wish to appeal, which normally involves going to court.

Was it a NIP you received, and did you just ignore it ? If DVLA have got your correct address ( for both your license AND the V5 ), then a NIP would have come to that address. If, as others have said, you failed to notify them, that's an offence in itself.

I'm struggling to understand why a simple speeding ticket went to court in the first place.

Johno100

beve123 wrote: »

Like I said I told the dvla of address change hence the first letter to ask if I was the registered keeper. I replied in the first instance. Then I never heard anything else regarding the matter until I received a letter from the dvla to return my driving license. This is when I contacted the courts to ask what had happened. They informed me that I had appeared in court and been found guilty in my absence. But they told me all the documentation had been sent to the wrong address.

Did the court explain why the subsequent correspondence was sent to your old address and how they obtained that address?

I agree with other posters in as far as I doubt you will get this matter revisited by the court.

However, if this was a mess up by the court admin staff then I would be complaining to HM Courts Service about their error, the same as you would against any other Government Department. If your complaint is successful then I would be asking for a small sum in compensation, perhaps the difference between a £60 fixed penalty and sum you have now had to pay,

beve123

Hi the letter I received was a section 172 request for information which I completed and signed on 22/10/2013
On this letter it asks for my driving license number as I may be eligible for the driving awareness course. To be honest I was gong to jump at the chance as it's a fee on £70 and no points.
I sent this but then didn't hear anything until 8/2/2014 from the dvla requesting my driving license to have the 6 points issued.
On the letter from the dvla it said that I failed to attend court and have been given the points and the fine.
I am no way trying to get out of paying a speeding fine or having the points but I just feel it's a bit harsh having to pay court costs on top as it shouldn't of even gone to court and if I had the chance of paying for the fine I would of done so in the first instance.
Thanks again

Ebe_Scrooge

Thanks for the clarification.

From what you've said, it seems as though the nub of the problem is why you didn't receive the original court summons - which in turn led you to being penalised for not turning up at court.

I think you need to get in contact with the court and find out where they got your address from - your old address where they sent the original papers.

Do any other posters here know how this would normally be done ? I would have assumed they just use the address held by DVLA - which it would appear was the correct address. Or maybe the electoral roll ? I've no idea.

But if it turns out it WAS an admin error by the court staff, then I would follow Johno's advice and make an official complaint to the court.

Coupon-mad

As well as moving this to the 'Parking tickets & fines' sub-forum, try posting for informed advice in the pepipoo forum for speeding tickets:

http://forums.pepipoo.com/index.php?showforum=5

HTH

stevemLS

Sorry to resurrect an old thread but the typos made me lol

Drinking licence requested by DVLA

30 in 40

But the best was the "sat deck" by which I imagine the OP meant "stat dec", commonly used abbreviation for Statutory Declaration, where the OP declared that they had no knowledge of the original proceedings, hence the original conviction being set aside and a fresh summons issued.

I used to work in the Magistrates Courts years ago, the procedure was that the police "laid an information" before the clerk to the justices who then causes the summons to be issued. The name and address of the defendant is provided by the police, the Mags Ct staff would have no way of obtaining your old address.

tonitarzan

You can appeal because sometimes they make you do a speed awareness course instead, I would definitely give you a try.

BeenThroughItAll

tonitarzan wrote: »

I would definitely give you a try.

You haven't even met her! Or are you perhaps just not fussy?