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Speeding fine / Licence endorsment

245

Comments

  • Spicy_McHaggis
    Spicy_McHaggis Posts: 1,314 Forumite
    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

    Rubbish, the terms of the fixed penalty were never complied with.
  • Jack_R1
    Jack_R1 Posts: 13 Forumite
    Chances are that there was a problem like the OP did not send both parts of the licence.

    Both parts were posted
  • Spicy_McHaggis
    Spicy_McHaggis Posts: 1,314 Forumite
    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.

    It would have been sent to the central ticket office not the DVLA.
  • Jack_R1
    Jack_R1 Posts: 13 Forumite
    It would have been sent to the central ticket office not the DVLA.

    Southend if I remember correctly, although it was sometime back
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Rubbish, the terms of the fixed penalty were never complied with.

    What does it order them to do ?
    Post it, that is complied, these people lose enough mail to cover a football pitch every year somewhere between the post van and the office where it gets opened.
    Do they eat it or something.

    His main mistake was trusting them to say it arrived.
    With people as dishonest and clumsy as this you make sure you can prove you posted it.
    I do Contracts, all day every day.
  • Spicy_McHaggis
    Spicy_McHaggis Posts: 1,314 Forumite
    Car_54 wrote: »
    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.

    That's not 100% true, he is entitled to be in the same position he was when the ticket was issued. Plenty examples of this having taken place, where the fine has been the same as the original ticket.
  • Car_54
    Car_54 Posts: 8,954 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That's not 100% true, he is entitled to be in the same position he was when the ticket was issued. Plenty examples of this having taken place, where the fine has been the same as the original ticket.

    Possibly, but he didn't go to court and make that point. His only option now is an appeal, which seems pointless.
  • Car_54
    Car_54 Posts: 8,954 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What does it order them to do ?
    Post it, that is complied, these people lose enough mail to cover a football pitch every year somewhere between the post van and the office where it gets opened.

    Southend ticket office? Are you sure?
  • victor2
    victor2 Posts: 8,202 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper
    Jack_R1 wrote: »
    Important letter ? It was my driving licence back to the DVLA !

    You don't consider your driving licence an important document then?

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  • Jack_R1
    Jack_R1 Posts: 13 Forumite
    Car_54 wrote: »
    Possibly, but he didn't go to court and make that point. His only option now is an appeal, which seems pointless.

    I think this is where I'ved dropped a b*ll*ck. Although I did write the whole circumstances down (at some length) within the reply to court.

    I pleaded 'guilty by post' to the speeding offence on my court reply and wrongly thought a covering letter about the circumstances of my missing licence would be sufficient.

    I have read elswhere my obligation was to post my licence which is something entirely different to ensuring its received at the other end ?
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