worried sick about speeding fine situation

Marshmallow82

I received notice of speeding fine and 3 points, I was driving 48mph in 40 zone. Whilst filling in details I realised photocard licence had expired!

I went into a panic wondering if I would be in big trouble for driving with expired licence so quickly sent off for a new one.

Perhaps that was a mistake, as its not gonna arrive within the 28 days. I phoned to ask for 7 day extension, was told that's not possible.

I'm worried sick about going to court, solicitor's fees, court costs etc what would be the maximum punishment? jail?

Btw I realise all of this is my fault.

OnanTheBarbarian

So you have returned the notice of intended prosecution confirming you were driving and accepting the charge? But you are unable to send off your licence to have the points added because you have sent it to DVLA to get renewed?

I don't see a problem with just explaining in a covering letter that your licence will follow as you are unable to enclose it due to it already being with the DVLA for photocard renewal.

Marshmallow82

OnanTheBarbarian wrote: »

So you have returned the notice of intended prosecution confirming you were driving and accepting the charge? But you are unable to send off your licence to have the points added because you have sent it to DVLA to get renewed?

I don't see a problem with just explaining in a covering letter that your licence will follow as you are unable to enclose it due to it already being with the DVLA for photocard renewal.

yes that's right. I did ask the lady on the phone if I could do that and she said no it all has to go together.

Mankysteve

50 to life I've heard.

In all seriousness if you do choose to find you the max fine is £1000. But its unlikely you'll get that and they'll take into consideration your ability to pay. You can defend yourself just be honest.

The only way you'll end up in prison is if you don't pay the fine.

AdrianC

Maximum penalty for an expired photocard is £1,000. How long expired is it?

But, even if it DOES go to court because you can't get the FPN completed in time, you aren't going to jail. The maximum fine for speeding is £1,000 and 6pts. If it goes to court, you'll get a higher fine than a fixed penalty, plus costs.

Stop panicking, for the moment. What have you actually received?
Initially, and assuming this was a camera rather than a real live policeman, the first thing you'd have received was a Notice of Intention to Prosecute ("Was it you?"). Fill that in and return it, and you'll eventually get the Fixed Penalty Notice (£100 + 3pts) - or an invitation to a speed awareness course, or a court date - and that's the point at which you need to send your licence in.

If you've just received the NIP, then you've almost certainly got plenty of time.
If you've just received the FPN, then you must have already looked at your licence to give them the driver number for the NIP...?

Aretnap

If you haven't done so already you MUST confirm, in writing, that it was you driving within 28 days of receiving the original NIP, whether or not they ask you to send in your licence at the same time and whether or not you're able to do it. Failing to identify the driver is a more serious offence than speeding, and would get you a mandatory 6 points and a fine of several hundred pounds - and perhaps difficulty getting insurance at a reasonable price as well. If that means sending in the form without your licence and attaching a covering letter explaining that your licence is at the DVLA, so be it.

If you have confirmed that it was you driving then relax. If you did end up being too late to send your licence in and pay the fixed penalty then you would still only be looking at 3 points, and a fine a bit bigger than £100 (the exact amount depends on your income - but probably about a third of your weekly post-tax income if you plead guilty, plus around £85 in court costs). The court can deal with minor motoring offences by post and there is be no need to pay a solicitor - and certainly no risk of going to jail.

Marshmallow82

Yeah I confirmed I was the driver, they responded with the 28 day conditional offer (it's nearing the end of 28 days). It says they WILL prosecute if not sent back in time.

So prosecution might just be dealt with by post? That would be better than the shame of going to court

Aretnap

Yes, if/when you get the summons it will give you the option of entering a guilty plea by post. If you do that they'll send a letter telling you the fine and points. The only reason they'd insist on you attending in person would be if they were considering banning you. As you were only 8mph over the limit they won't be considering a ban unless you already have 9 or more points.

You can if you want explain to the court that you would have paid the fixed penalty but for the fact that your licence was at the DVLA for renewal (without putting too much emphasis on the fact that it was there because you forgot to renew it on time) and ask that they consider giving you the same penalty as the fixed penalty (ie 3 points and £100). Page 189 of the Magistrates Sentencing Guidelines suggests that they should consider this

[FONT="]where a penalty notice was not offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.[/FONT]

though they might not want to apply it if they think your licence was unavailable due to circumstances of your own making.

Marshmallow82

Thanks Aretnap, that is a relief.

I don't have any points currently.

scotsbob

Send off all the forms and the cheque but "forget" to include the licence. They write back and tell you by which time you have it to send.

Aretnap

scotsbob wrote: »

Send off all the forms and the cheque but "forget" to include the licence. They write back and tell you by which time you have it to send.

Depending on the timescales and the policy of the force in question they might do that - or they might return the cheque with a reply which says "you didn't include your licence - you'll be getting a summons".