Speeding Fine - Paid, Refunded, Court Summons

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chad888
chad888 Posts: 70 Forumite
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in Motoring
Back in January I was coming off the M5 on to the M4. It was 0930 and the road was empty so i carried on at my speed of 70mph, I was to busy merging across the 2 lanes checking my mirrors and blindspot to get onto the left hand lane of the M4 from the slip road that i didn't notice i had gone under a 60mph speed sign (not roadworks, just speed limitation for earlier traffic) and the overhead camera flashed.

2 weeks later i received a fixed penalty charge of £100 plus 3 points notice, i paid immediately and returned the form but then 2/3 months later while rummaging through my safe for some documents i found my paper part to my license and realised i hadn't sent it off. I had heard nothing at this point from the Police and had received no letters requesting i send off my license after my mistake so i thought it was okay and they have updated my license on their system or something and 20 seconds later it had slipped my mind again when i found what i was looking for.

7 months later (today) i receive an email from the MoJ giving me a £100 refund for this parking ticket, i called them up and they tell me that i have now got a court summons to answer to a judge for not complying with the penalty notice.

I am super confused now on:
Why didn't they send a notice when they got the letter without my notice to remind me to send it off?
Why did they take 7 months to get back to me?
What is likely to happen in this court summons?
What is the fine going to be?
What is the penalty points going to be?
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  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    edited 1 September 2017 at 11:40AM
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    I think you must have received a conditional offer of a fixed penalty. One of the conditions attached to that offer is that you must return your licence. You did not do so, so the offer has been withdrawn and has reverted to a court summons. If you don't return your licence, I don't think they are obliged to remind you.


    Others on here know more about the likely level of fine and penalty points than I do. Or you could go over to Pepipoo who deal with these queries all the time. (But be warned, they will require much more information than you have given here).


    My (inexpert) understanding is they have 6 months after the original offence to issue the summons. You mention 7 months? That's why an accurate timeline of what has actually happened is vital. They rarely miss the 6 months deadline, but it's not unknown. (It's when they commence proceedings that is important, not when you receive notice of it).


    PS - I assume this is speeding but you also mention a parking ticket?
  • HogMan
    HogMan Posts: 191 Forumite
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    i found my paper part to my license and realised i hadn't sent it off
    The paper counterpart of the driving licence was abolished in 8 June 2015
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    edited 1 September 2017 at 12:27PM
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    HogMan wrote: »
    The paper counterpart of the driving licence was abolished in 8 June 2015


    I thought you still had to send it off to comply with the conditional offer? I'm sure I've read several threads on Pepipoo where people have fallen foul of this and have been refunded the fixed penalty and received a summons? I'm sure there are similar threads on here.


    EDIT: Ah - having checked perhaps it's only the photocard bit you need to return. I wonder if the OP did this but it went astray.


    PS - you say "abolished", but the only licence my wife has is a paper one.
  • Car_54
    Car_54 Posts: 8,213 Forumite
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    chad888 wrote: »

    I am super confused now on:
    Why didn't they send a notice when they got the letter without my notice to remind me to send it off?
    Because they don't have to

     Why did they take 7 months to get back to me?
    See below

     What is likely to happen in this court summons?
    You should receive a Single Justice Procedure Notice, which gives you the option to plead guilty or not.

     What is the fine going to be?
    Income-related, unless you can argue convincingly that they should fine you at the fixed penalty level, i.e. £100 (see pepipoo.com for help). There will also be costs and a victim surcharge.

     What is the penalty points going to be?
    Three.

    If your recollection of the date is right, then the offence may have timed out. As said above, they have six months from the date of the offence to begin proceedings.
  • almillar
    almillar Posts: 8,621 Forumite
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    The paper counterpart of the driving licence was abolished in 8 June 2015

    Almost definitely off topic, considering the roads driven, but in NI we still have the paper counterpart.
  • HogMan
    HogMan Posts: 191 Forumite
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    the only licence my wife has is a paper one
    That will be the old green or pink paper license. That is still valid until it expires or needs updating.

    I was refering to the paper counterpart to the current photocard license.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    HogMan wrote: »
    That will be the old green or pink paper license. That is still valid until it expires or needs updating.

    I was refering to the paper counterpart to the current photocard license.


    Ah - so if the OP only has an "old" paper licence and did not send it off, that's why he is where he is. But if he has a photocard and returned it, didn't he get it back?


    Off topic, but can I now dispose of my paper counterpart? Does it no longer have any significance?
  • HogMan
    HogMan Posts: 191 Forumite
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    Yep unless you are in NI

    https://www.gov.uk/government/news/driving-licence-changes
  • jonnyrobbo85
    jonnyrobbo85 Posts: 1 Newbie
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    I am due in court in a couple weeks purely for forgetting to send my driving license. How did people get on? How many points did you get? What was the fine? Did you take a solicitor? I already have 3 points on my license if I get another 6 I could lose my job. Many thanks. Ps I was doing 38 in a 30
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    jonnyrobbo85 wrote: »
    I am due in court in a couple weeks purely for forgetting to send my driving license. How did people get on? How many points did you get? What was the fine? Did you take a solicitor? I already have 3 points on my license if I get another 6 I could lose my job. Many thanks. Ps I was doing 38 in a 30
    Can you start your own thread. This one is almost a year old and the OP hasn't been back on since so I doubt they'll respond to you here.
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