Speeding on the A20 - court summons after penalty refunded

System

This discussion was created from comments split from: Refunded fixed penalty.

Magrah

Hi all 

This is an old thread but I wonder if someone can help. 

I got caught speeding on the A20 which was a 50 but they changed it to a 40. I was doing 51. This was over the Xmas break, got the notice, said it was me driving, paid the fine but the letter said don't send you licence but let us have the details. All done mid January this year. I thought all sorted then I get a court summons last week and now an email saying they are refunding my payment, although not received yet. So far, I pleaded guilty online to the summons, anyone know what's going on?!

Only thing I can think of is I went on a speed awareness course 30 months ago for doing 40 in a 30, again I thought it was a 40! So maybe they think I've been caught twice within three years so not accepting the standard £100 fine?

Thanks

Car_54

It's most likely that they didn't receive your licence details for some reason.

However, that's water under the bridge. It's a pity you didn't take advice before pleading guilty. The usual advice is to plead guilty, but under "Mitigation" to explain (briefly) about the fixed penalty and to ask nicely to be sentenced at the FP level. Magistrates can do that if the FP hasn't been proceeded with for reasons outside your control.

It may be possible for you to change your plea. Others will advise.

TooManyPoints

Only thing I can think of is I went on a speed awareness course 30 months ago for doing 40 in a 30, again I thought it was a 40! So maybe they think I've been caught twice within three years so not accepting the standard £100 fine?

No, that won't be the reason. But firstly, just something that intrigues me (though it makes no difference to your problem):

I got caught speeding on the A20 which was a 50 but they changed it to a 40.

If this was the section of the A20 eastbound from Crittals Corner at Sidcup (which has was subject to quite a bit of coverage on the news) it was never subject to a 50mph limit. Before it was reduced to 40mph it was subject to the National Speed Limit.

However, I digress.

Your having done a course would not have impacted the decision to offer you a fixed penalty. The only things that matter are the speed (must be under 65mph in a 40mpgh limit) and the driver must have fewer than nine points.

Almost certainly the offer was withdrawn because the police say they did not receive your licence details. To deal with this you need to plead guilty in response to the SJPN and in the "mitigation" section say that you accepted and paid for the fixed penalty and sent your licence details off as instructed, but they were obviously either lost in the post or received but not acted upon. Magistrates have guidance which suggests they can do this if they think fit:

"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."

The court should then sentence you at a sum equivalent to the the fixed penalty (£72 fine, £28 surcharge, no costs and three points).

Magrah

Many thanks, my license details were submitted online with the payment, I wish I was a lawyer as I'd have them over the coals. I would love to say I wasn't speeding but go caught out, and if im honest due to driving every day and not thinking, same with thx time before in Epsom 

LightFlare

Magrah said:

Many thanks, my license details were submitted online with the payment, I wish I was a lawyer as I'd have them over the coals. I would love to say I wasn't speeding but go caught out, and if im honest due to driving every day and not thinking, same with thx time before in Epsom 

That may have been the root cause.

I “think” that although details have to be attached with the payment they also need to be sent separately for endorsement 

TooManyPoints

 I wish I was a lawyer as I'd have them over the coals.

You'd struggle, lawyer or not.

Even if you have proof that you sent your details, that is not proof they received them. Their only recourse once (they say) your details were not received is to prosecute you in court. As above, there is a remedy in these circumstances