🗳️ ELECTION 2024: THE MSE LEADERS' DEBATE Got a burning question you want us to ask the party leaders ahead of the general election? Post them on our dedicated Forum board where you can see and upvote other users' questions, or submit your suggestions via this form. Please note that the Forum's rules on avoiding general political discussion still apply across all boards.

Speeding fine

Options
123457

Comments

  • Manxman_in_exile
    Options
    Your story is very confusing.  For example, what do these two posts mean?

    loobiloo said:
    I was recently caught speeding in a 30 mph zone, I seem to remember I was doing 35mph.  I received notification of a fine of £100. I filled in an online statement admitting my excess speed and ability to pay the £100 fine.

    ...

     Edit : the original offence was in October 2022. I received notification of the fine last month

    and

    loobiloo said:
    Thank you.
    The offence was last month. 
    I wasn't asked to submit my driving licence. In fact I seem to remember the form specifically stated not to submit it at that point. 
    Also it's a good idea if you end up being accused of any sort of offence to keep copies of all documents you receive and submit, and to keep screenshots of everything you submit online.  It helps make things less confusing...
  • loobiloo
    loobiloo Posts: 151 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Your story is very confusing.  For example, what do these two posts mean?

    loobiloo said:
    I was recently caught speeding in a 30 mph zone, I seem to remember I was doing 35mph.  I received notification of a fine of £100. I filled in an online statement admitting my excess speed and ability to pay the £100 fine.

    ...

     Edit : the original offence was in October 2022. I received notification of the fine last month

    and

    loobiloo said:
    Thank you.
    The offence was last month. 
    I wasn't asked to submit my driving licence. In fact I seem to remember the form specifically stated not to submit it at that point. 
    Also it's a good idea if you end up being accused of any sort of offence to keep copies of all documents you receive and submit, and to keep screenshots of everything you submit online.  It helps make things less confusing...
    I'm not sure what you find confusing. I'm referring to the  notification I received 6 months ago. 

    Of course its  sensible to keep copies etc. 


  • loobiloo
    loobiloo Posts: 151 Forumite
    First Post First Anniversary Combo Breaker
    Options
    loobiloo said:
    OK fine. I am the owner and the driver. 

    But are you the RK?  If so,  you would have initially received the NIP.

    Have you moved recently and not updated the DVLA?  This could possibly explain why you didn't receive the initial NIP?
    It's possible, in retrospect, that I did receive the NIP, completed it and returned it and 6 months on have forgotten. I've had chemo seems then, it doesn't do much for ones memory.

  • TooManyPoints
    TooManyPoints Posts: 1,263 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    Options
    It's possible, in retrospect, that I did receive the NIP, completed it and returned it and 6 months on have forgotten.

    Then the most likely explanation is that you named yourself as the driver, did not receive or did not act upon the offer of a course or fixed penalty, did not receive or did not act upon a Single Justice Procedure notice and were thus convicted and sentenced under the Single Justice procedure.

    If that is indeed the case then performing a Statutory Declaration (to have the conviction and sentence set aside) is largely pointless. It is unlikely that a court will agree to sentence you at the fixed penalty level when the case is reopened and you have been sentenced, near enough, in line with the normal sentencing guidelines. You can give it a try (you must make - or at least apply at the court to make - a Statutory Declaration within 21 days of learning of your conviction) but I doubt the outcome will be favourable.
  • loobiloo
    loobiloo Posts: 151 Forumite
    First Post First Anniversary Combo Breaker
    Options
    It's possible, in retrospect, that I did receive the NIP, completed it and returned it and 6 months on have forgotten.

    Then the most likely explanation is that you named yourself as the driver, did not receive or did not act upon the offer of a course or fixed penalty, did not receive or did not act upon a Single Justice Procedure notice and were thus convicted and sentenced under the Single Justice procedure.

    If that is indeed the case then performing a Statutory Declaration (to have the conviction and sentence set aside) is largely pointless. It is unlikely that a court will agree to sentence you at the fixed penalty level when the case is reopened and you have been sentenced, near enough, in line with the normal sentencing guidelines. You can give it a try (you must make - or at least apply at the court to make - a Statutory Declaration within 21 days of learning of your conviction) but I doubt the outcome will be favourable.
    I did name myself as the driver, as I've said. I did say I would opt for the fixed penalty. I said I did not dispute the issue and didn't want to take it to court. I've already said all of this quite a few times in this thread. 
  • Wonka_2
    Wonka_2 Posts: 674 Forumite
    First Post First Anniversary Name Dropper Combo Breaker
    edited 27 April 2023 at 9:38AM
    Options

    I did name myself as the driver, as I've said. I did say I would opt for the fixed penalty. I said I did not dispute the issue and didn't want to take it to court. I've already said all of this quite a few times in this thread. 
    But unless I (and others) are mistaken the point at which you opt for Fixed Penalty (or Speed Awareness Course) is the point at which your book/pay for it and that stops the clock.

    There's no form to accept an FPN which then generates another form asking you to pay - so if you didn't pay at that stage then court is the automatic next step.

    Without a copy of the letter(s) you claim to have acted on you're unlikely to be changing the outcome
  • turnitround
    Options
    The letter you get offering you the choice of fixed penalty and points or a speed awareness course has details of how to pay on the back. If you are choosing not to take the course then that is the point at which you pay the fine. You are given so many days to pay the fine.

    If you opted for the fixed penalty then you must have received this letter so you should have paid at that point. 
  • victor2
    victor2 Posts: 7,662 Ambassador
    I'm a Volunteer Ambassador First Anniversary Name Dropper First Post
    Options
    loobiloo said:
    loobiloo said:
    OK fine. I am the owner and the driver. 

    But are you the RK?  If so,  you would have initially received the NIP.

    Have you moved recently and not updated the DVLA?  This could possibly explain why you didn't receive the initial NIP?
    It's possible, in retrospect, that I did receive the NIP, completed it and returned it and 6 months on have forgotten. I've had chemo seems then, it doesn't do much for ones memory.


    Unfortunately, it does seem that you have not fully understood all the paperwork you have received, and no longer having it doesn't help. You may have not received something due to the Christmas break and Royal Mail strikes etc.
    Add to that your treatment (hope it's going well), and it is now where it is, with a large bill to pay. I do not know if you will at best be given a plan to pay, or should just find a way to settle it to avoid any further action against you.
    As has already been mentioned, Pepipoo may offer better advice.
    Good luck.

    I’m a Forum Ambassador and I support the Forum Team on the In My Home MoneySaving, Energy and Techie Stuff boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. 

    All views are my own and not the official line of MoneySavingExpert.

  • user1977
    user1977 Posts: 14,424 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    Options
    OP, you do seem to have got rather muddled about what has gone on, and it looks like you are having trouble following the advice on this thread too. Is there somebody in your life who can help you with this sort of thing? Unfortunately I can't see an obvious way of avoiding paying what is now being demanded from you, given the stage this has reached.
  • loobiloo
    loobiloo Posts: 151 Forumite
    First Post First Anniversary Combo Breaker
    Options
    I am following the comments and suggestions, thanks all the same.

    If I have to pay the full fine then I will. 
    Lets end the discussion now. 
Meet your Ambassadors

Categories

  • All Categories
  • 11 Election 2024: The MSE Leaders' Debate
  • 343.9K Banking & Borrowing
  • 250.3K Reduce Debt & Boost Income
  • 450K Spending & Discounts
  • 236K Work, Benefits & Business
  • 609.3K Mortgages, Homes & Bills
  • 173.4K Life & Family
  • 248.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards