Speeding Fine - Paid, Refunded, Court Summons, Warrant of Arrest.

greenfan

I was caught for speeding, paid the fine, £100 and 3 points in 2019. 
today i had someone turn up and wanted me to pay £215 for the speeding ticket or be arrested. 
pointed out that it was paid, showed proof it was paid. 
now it turns out that i did pay the fine, but 3 months later was refunded by the MOJ? 
so in court in a couple of days.
1st would i have to pay the £100 or the £215.
can i argue that it was paid and for some reason the MOJ refunded the money 3 months later, so it was paid?

Advocado

Did you confirm it was you speeding?  I think I'm right that the first thing is they ask who it was who was driving the car.

I've heard cases before where people pay-up but don't actually return the necessary paperwork so the fine is refunded.

ontheroad1970

Did you send your driving licence?  That's the usual reason for the refund.

Car_54

The most likely scenario is that the OP paid the fine but did not surrender his licence, i.e. did not fulfil the conditions of the fixed penalty offer. The £100 would then have been refunded, and the case passed to court.
However, in that case (1) he would have been "summonsed" to court, and (2) the fine and costs would almost certainly have been more than £215.
OP - who turned up at your door? A police officer, a bailiff, or?
What have you been charged with? How has it got to court a mere two days after the guy appeared at your door?

greenfan

Was done online. so put everything that was required into the system, and then took my money. 
so i think everything was done right lol.

TooManyPoints

As above, your payment was declined for some reason and failure to submit your licence is the most probable. It seems court action was taken and you were found guilty in your absence. I assume you named yourself as driver when requested and that you received the offer of a fixed penalty. Did you not notice your £100 had been refunded? Did you change address around that time so that subsequent correspondence did not reach you? That said, £215 seems a bit low for a court sentence. I would expect a £220 fine, £34 Victim Surcharge and £85 costs - so £339 total (that's at today's rates, depending exactly when the offence took place may see you sentenced at old - but not significantly different - rates.

You need to find out what court sentenced you. You can perform a "Statutory Declaration" to have the result of the proceedings set aside. The matter will then start afresh and you can ask the court to sentence you at the Fixed Penalty level. Whether they will do this depends on whether you contributed to the reason why the matter went to court.

greenfan

Cardiff was the court, in 2019. 
was in my name and no change of address.
did not notice £100 had been refunded but checked now and it was. 
is there a form for the statutory declaration?

Manxman_in_exile

greenfan said:

Was done online. so put everything that was required into the system, and then took my money. 
so i think everything was done right lol.

Were you paying after getting a Conditional Offer of a Fixed Penalty?  One of the "conditions" of such an offer is that you physically have to submit your licence, so if that's what you were paying it would not have been possible to "do everything right" online.

Did you also never receive notification of a court date?  No summons or a Single Justice Procedure Notice?  Seems odd that you never realised you were being prosecuted in court.  (Unless you changed address like TooManyPoints suggests, and din't have your mail redirected)

Might help if you actually explained exactly what happened rather than just part of it.

caprikid1

As stated, you did not read the conditions of needing to send your license off. Check everything very carefully. They have a set time by which they need to prosecute.

I did exactly the same and had a refund BUT because they did not issue the court summons soon enough they could not proceed with the points either !

Car_54

OP, can you clarify why you are "in court in a couple of days"?