Court summons in a different name for driving without due care

LightFlare

imo you dont need a solicitor.

read the advice given here (and other places) - engage with the replies and provide any info asked/answer questions asked.

the situation is not really that uncommon 

TooManyPoints

What's the difference between a topping up and totting up ban?? 

I wouldn’t know because I’ve never heard of a “topping up” ban.

Why would a magistrate think so differently, than a cop on the road? One said 3 points and 100 quid and other says court and T ban?

"Cops on the road" do not make decisions on how a matter will be dealt with (i.e. coure, fixed penalty or court),. Their back office does, based on a report from them. A fixed penalty is offered for matters at the lowest end of seriousness but if it is declined or ignored court action is taken. As an example of the difference, speeding at 94mph in a 70mph limit qualifies for a fixed penalty (£100 and 3 points). If the same case was dealt with in court the sentence would be a fine of a week’s net income (reduced by a third for a guilty plea), a surcharge of 40% of that fine, £90 costs and either a ban of up to 28 days or between four and six points. So if you earned £500 pw it would cost you £550.

A “totting up” ban is where a driver accumulates 12 or more points within three years. In that case the court will impose a mandatory six month ban, unless the driver can show that he or others will suffer “exceptional hardship.”

Roughly how much would a Solicitor charge

1) To review the case ( there's not much of paper work)

2) To accompany me to court?

You will be fortunate to see much change from £1,000.

ontheroad1970

If you sent your acceptance of 3 points/£100 but failed to include licence or details thereof. then you can ask the court to please look at sentencing at fixed penalty rate since the failure is unconnected to the offence.  Surprised I'm the first to suggest this to be honest.  Lots on here that know this who have posted.

TooManyPoints

Still find it strange, that someone who deals with these offences on a daily basis,  thought  it only warranted a fine and 3 points. Whilst a Magistrate declined my guilty plea and preferred the max.

As I said previously, police officers do no make these decisions. The offer you had of a fixed penalty comes from the Ticket Office, and their decision would be based on the officer's report of the circumstances of the incident. As well as that, nobody on here can say why the Single Justice referred your case to the full Magistrates' Court and in any case it doesn't matter; you are where you are - you've been asked to appear. The Single Justice did not decline your guilty plea or decide that the maximum sentence was necessary. In fact it was well within the SJ's powers to fine you the maximum if appropriate.

If the circumstances of the offence are as you say (and it seems reasonable to assume they were because you were offered a fixed penalty) you won't be banned; you won't be fined £1,000. At the very worst you will be sentenced in accordance with the normal sentencing guidelines. These suggest a fine of half a week's net income (reduced by a third for a guilty plea, so one third of a week's income). As well as that you will pay a surcharge of 40% of that fine and prosecution costs of about £90. You will also see a maximum of four points (but more likely three) added to your licence.

But, as above, you should respectfully ask the court if they would consider sentencing you at the fixed penalty equivalent (£100 and 3 points). There is guidance which says this:

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."

Of course you contributed to this problem by failing to submit your licence (**but see below). But a kindly court may consider it reasonable to sentence you at the FP level in all the circumstances. 

You really don't need a solicitor to represent you. It's a straightforward matter and I'd be inclined to set aside the conspiracy theories if I were you. But of course it's your call if you want to pay a lawyer somewhere between three and ten times the amount you will have to pay the court.

**It has not been a requirement to submit your driving licence when accepting the offer of a fixed penalty since 1st December 2022. If your offer was made after that date, you only needed to submit the licence details.

LightFlare

Do come back and let us know how it goes 

All info is usefull

drmacf007

Will deffo do

TooManyPoints

I gather, from netflix, I would be asked to identify myself, then take an oath and be made to sit in the corner

Please don't gather anything important from Netflix!

I've got to pop out. I'll answer some of your questions a bit later.

Teapot55

Yes, do wear a suit - and a plain shirt and a tie if you have one. 

TooManyPoints

 I gather, from netflix, I would be asked to identify myself, then take an oath and be made to sit in the corner

You won't have to sit in the corner. You are a participant in the proceedings and need to be seen and heard. When you are called into the court you may be asked to enter an enclosed dock. Not all courtrooms have them so you may simply be asked to stand at a table or desk. You will be asked to identify yourself. The charge will be read to you and you will be asked to enter your plea (which I assume will be guilty).

The prosecutor will then tell the court the brief facts and you will then have the opportunity to tell the court anything you want them to hear. It is at this point that you can explain that you were offered a fixed penalty but failed to comply with one of its conditions (submitting your licence details) so you ended up with a Single Justice Procedure Notice. You entered a guilty plea to that, but for some reason (unknown to you)  the SJ referred your case to the full court. So here you are. You can then go on to ask the court if they would consider sentencing you at the equivalent to the fixed penalty.

Do I have to turn up in a suit? 

If you feel comfortable. But neat, tidy and polite are the important things.

Does the Magistrate or prosecuting Solicitor cross examine you ?

You won't be cross examined because you are not giving evidence. Once he has read the facts to the court the prosecutor plays no further part. The magistrates may have questions about the fixed penalty and Single Justice processes that you have told them about.

user1977

drmacf007 said:

1) To the Police chief, seeking clarifications on how this happened. Also asking for information on Police file about me, under the Freedom of Information act 2001.

I'd very much hope they would release nothing at all about you under the Freedom of Information Act, as that relates to non-confidential information which public authorities are obliged to publish. You probably meant a Data Subject Access Request.