28 day deadline missed

Dcfcandy1

Hi, I have missed the 28 day deadline to surrender my licence and pay the £100 fine for speeding. I had it ready to post after I finished my shift at work, but totally forgot. It was in my car for a good week until I realised. It was already too late by the time I posted it, by 2 or 3 days. I received a letter today, returning my cheque and Licence. The letter says 'Unfortunately we have withdrawn the conditional offer and the Prosecutor Fiscal will be in touch in due course.' What can I expect from this? It is in Scotland.
I feel so stupid. 

TadleyBaggie

What was the speed and limit?

Ebe_Scrooge

Dcfcandy1 said:

 What can I expect from this?

I believe that hanging is still an option for the most serious speeding offences :-)

No, as per the above reply, it depends on how much over the limit you were doing.  It's likely to be more than the £100 fixed penalty, and the magistrate has a fair amount of discretion available to him/her.  But as a rough guideline as to what you can expect, this link may be helpful : https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/

Dcfcandy1

I was caught doing 41 in a 30. It was a static police van behind the bushes around the corner from where I live. So I will be going to court then?

Ebe_Scrooge

It'll have to go to court if you've missed the "benefit" of accepting a FPN.  According to those guideline (and assuming it was actually 41 rather than showing 41 on your speedo), then it's a "Band B" fine - between 75% - 125% of your weekly income.  But they are guidelines, not hard and fast rules.  Depending on mitigating or aggravating factors (examples cited on that website), it could be more or less.  But that's your rough ballpark starting point of what to expect.

Car_54

Ebe_Scrooge said:

Dcfcandy1 said:

 What can I expect from this?

I believe that hanging is still an option for the most serious speeding offences :-)

No, as per the above reply, it depends on how much over the limit you were doing.  It's likely to be more than the £100 fixed penalty, and the magistrate has a fair amount of discretion available to him/her.  But as a rough guideline as to what you can expect, this link may be helpful : https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/

Those guidelines don't apply in Scotland. And there is no Single Justice Procedure, so it will go straight to court (either Justice of the Peace, or Sheriff).

As in England, fines are income related, and a discount is given for an early guilty plea. In Scotland, the points can also be discounted, but not below 3. The victim surcharge applies, but AFAIK prosecution costs are not awarded.

Dcfcandy1

Yes, it was 41 on the letter I originally got. So basically I'm going to get a letter from the court, and I will have to plead my case? 

macman

The only plea you can offer is in mitigation, there is no defence if you admit the offence.

Dcfcandy1

well I have already admitted it was me originally. is a driving ban likely? I doubt it will be worth calling the number for the office on the letter I received for advice

Car_54

Dcfcandy1 said:

Yes, it was 41 on the letter I originally got. So basically I'm going to get a letter from the court, and I will have to plead my case? 

What do you mean by "plead my case"? Since you were willing to accept the FP, I imagine you have no defence, so you need to plead guilty. They will probably accept that by letter.

Dcfcandy1

Yeah not to 'plead my case'. Wrong words. I have already admitted it was me in the original letter. I guess I will just have to wait for the letter. I would imagine they would want to cut down on court appearances with coronavirus spiking again?