Speeding fine / Licence endorsment

Jack_R1

So, quick back ground - August last year I was caught by a fixed camera doing 35mph in a 30 limit

3 points (my first ever at 42 years old) and £100 penalty. Paid and licence posted off (unrecorded) within the time restraints given

Just after Christmas I receive a court summons stating they hadn't received my licence and the orginal speeding offence was now going to court. I think no bother, it will all be a misunderstanding, a few forms here and there and its sorted. They refund my original £100 fine in mid February

I fill in the court papers stating what I had done and that I was happy to pay the original fine (which I had done and it had since been refunded)

Yesterday I receive a 'notice of fine and collection order; stating the original fine had gone up to £135, they have added a victim surcharge of £20 and the court fee was £85. An original fine of £100 has now increased to £240

Is this correct and is there anything I can do to appeal this ? Still no sign of my licence and no explanation as to what to do about it being missing

Spicy_McHaggis

As your licene is lost, you'll need to apply for a new one and then surrender it fir the points to be added.

C_Mababejive

Who was the victim...? 35 in a 30 limit seems harsh..shows that we all need to watch out.

Marktheshark

Did they cash the cheque ?
If so the defence is Not guilty, "I can not be tried for an offence I am already guilty of and have been punished for"
1 crime = 1 punishment

Car_54

Hi Jack

I don't think there's any scope for an appeal.

Your licence didn't arrive - for whatever reason - and therefore you haven't complied with the conditions for the fixed penalty, albeit through no fault of your own.

The opportunity to settle the matter by fixed penalty has therefore gone, hence the court summons.

I assume you pleaded guilty, and therefore the fine will have been income-related and reduced by 33%. The costs and victim surcharge are standard.

The fine is about as low as you'll get, so an appeal will cost you more than you'll ever save.

So far as the missing licence is concerned, you need to apply to DVLA for a replacement ASAP.

Spicy_McHaggis

C_Mababejive wrote: »

Who was the victim...? 35 in a 30 limit seems harsh..shows that we all need to watch out.

There doesn't have to be one, it's just an addition fine/tax to fund the victim service.

maninthestreet

Did you get a certificate of posting at the time you sent off your licence?
The DVLA are notorious for losing documents sent to them, and then accusing the sender of not actual sending the said document.

IanMSpencer

Chances are that there was a problem like the OP did not send both parts of the licence.

Mark - the point of the FPN is that it is a conditional offer to avoid trial, you have to comply with all the conditions. While there may have been a trivial error, the conditions have not been met so it reverts to the court process. The OP also notes that the cheque was returned.

The court process is more expensive, therefore there are additional costs, once the conditions of the FPN have not been complied with, there is no benefit to the court system so no reason to apply the original fine.

A personal attendance and some advice might have been able to swing it back to the FPN amount, but the time and trouble of attending probably makes it marginal whether it would be worth doing to save £140.

Marktheshark

If the cheque was not cashed, you are going to court then.

It amazes me, the most important letter you might have to post of your adult life and people trust a normal stamp.
Yeah Fk it that ill do...

Jack_R1

It wasn't a cheque. I paid by debit card over the phone and they then refunded that money back to my card nearly 4 months later

Jack_R1

Marktheshark wrote: »

If the cheque was not cashed, you are going to court then.

It amazes me, the most important letter you might have to post of your adult life and people trust a normal stamp.
Yeah Fk it that ill do...

Important letter ? It was my driving licence back to the DVLA !