Advice needed

Ok guys I need some advice.

On 26/09/2016 I got flashed doing 69mph on the M5 in a 60mph variable speed limit zone. I admit the offence and went online and paid my fine and then filled in the little form and sent my licence to DVLA.

I pretty much forgot all about it untill I needed my licence early this year and realised that I hadn't received it back so I went online again and requested a replacemenet which I received ages ago.

Today I have received a court summons for the speeding offence and failure to inform of the identity of the driver.

My bank statement confirms that I paid which surely is admission of guilt but I can't prove that I sent my licence off because I didn't get a receipt.

How do I preceed with the court. Do I plead guilty? I've paid and sent off licence just didn't check up when it didn't return or do I plead not guilty and risk a massive fine which I can ill afford since I am soon to be unemployed?

Your thoughts?

Sounds like dvla has messed up ..again, you've admitted and paid fine and you can prove it, I'd contest it

Not guilty!!

I had a similar thing

I got caught speeding I had to take the cheque and licence to the local cop shop to be sent off which the desk lady supposedly sorted out!

The desk lady only sent one part of my licence as a result it got returned with the check and a court summons!

I wrote to the court explaining what had happened and sent in a cheque for payment along with both parts of my licence which then got returned to me with points added and a letter saying no further action/fine

Contest it.

You have the documentary evidence to prove that you admitted the offence, paid the fine and submitted your licence for endorsment.

Central ticket office has screwed up.

So write back and tell them that you intend to contest the offence and why you intend to contest it, that should in reality put an end to it. However, sometimes they do string things out.

Once they realise that they have got it wrong (which won't be the first time) they are usually quite eager to drop further proceedings because they know that they could become liable for an award of costs against Police which can be expensive and embarrasing.

If they fail to discontinue the action, then get professional legal assistance. I can put you in touch with someone if you have nobody available yourself.

Thanks guys.

Contest it.

You have the documentary evidence to prove that you admitted the offence, paid the fine and submitted your licence for endorsment.

Can't prove I sent licence off though

If they fail to discontinue the action, then get professional legal assistance. I can put you in touch with someone if you have nobody available yourself.

This could be expensive which I can ill afford!

You don't need to prove you sent it, they can't prove you didn't and they also can't prove they didn't loose it when it arrived.

Edit: also I was trying to find the law that states that a posted item is classed as delivered.

This is how it's worded:

acceptance is complete as soon as the letter is posted. Even if the letter was mislaid or lost and does not reach the offeror.

Thanks guys.

Contest it.

You have the documentary evidence to prove that you admitted the offence, paid the fine and submitted your licence for endorsment.

 

Can't prove I sent licence off though !

DVLA will/should/may be able to provide the proof

It is worth speaking to them and they can check the database.

If they fail to discontinue the action, then get professional legal assistance. I can put you in touch with someone if you have nobody available yourself.

This could be expensive which I can ill afford!

Do you have legal expenses insurance on one of your policies?

I don't normally recommend an LEI appointed solicitor, but this is one of those exceptions where it could be quite useful.

The other alternative is to speak to the duty Solicitor at the court and they will represent you free of charge (it is part of the service they have to provide, but obviously they cannot do the investigation work or preperation that you would get with your own appointed solicitor)

Remember, you only have to put reasonable doubt into the mind of the Magistrates. You do not have to convince a jury of 12, just 3 lay people (or 1 stipend depending on the area) and it is for the prosecution to prove beyond all reasonable doubt that you are guilty of an offence.

The fact that you are prepared to plead guilty on what is by and large a reasonably minor offence, starts to create an aura of doubt.

Thanks guys.

Contest it.

Remember, you only have to put reasonable doubt into the mind of the Magistrates. You do not have to convince a jury of 12, just 3 lay people (or 1 stipend depending on the area) and it is for the prosecution to prove beyond all reasonable doubt that you are guilty of an offence.

The fact that you are prepared to plead guilty on what is by and large a reasonably minor offence, starts to create an aura of doubt.

OK, thanks TC.

So I am thinking, plead not guilty giving reasons as I already accepted guilt by paying fine and returning licence which they claim has not been received and quote the 'acceptance is complete as soon as the letter is posted. Even if the letter was mislaid or lost and does not reach the offeror'.

Admit that my only failing was not to chase up the non-return of my licence. (I have checked online and apparantly I am still showing as zero penalty points on my licence which would suggest that they didn't receive it.)

I am happy to take the points for my transgression and pay the fine, which I already have, but not happy about being prosecuted for not doing something I believe I have already done.

Does that sound ok? Or a bit bolshy?

Does that sound ok? Or a bit bolshy?

That sounds perfectly reasonable

Just explain exactly what happened and send photocopies of any correspondence or paperwork you have (Don't send originals) and see what they say

You still have the options as mentioned previously.

Does that sound ok? Or a bit bolshy?

 

That sounds perfectly reasonable

Just explain exactly what happened and send photocopies of any correspondence or paperwork you have (Don't send originals) and see what they say

You still have the options as mentioned previously.

Thanks TC ... appreciate that.

Sent it off recorded delivery ... anyone know how long it is likely to be before I hear back with my penalty?

Sent it off recorded delivery ... anyone know how long it is likely to be before I hear back with my penalty?

10 working days after your jail sentence ...so technically you are looking at around 4 years

Explain that you have already pleaded guilty to the speeding offence by going online and paying the fine, so that is already dealt with.

Plead not guilty of failing to supply your details and say you posted everything, it's up to them to prove you didn't.

Sent it off recorded delivery ... anyone know how long it is likely to be before I hear back with my penalty?

 

10 working days after your jail sentence ...so technically you are looking at around 4 years

piss off sleepy ...

Explain that you have already pleaded guilty to the speeding offence by going online and paying the fine, so that is already dealt with.

Plead not guilty of failing to supply your details and say you posted everything, it's up to them to prove you didn't.

Done all that Baloo ... just wondering if anyone knows how long they take once they get the letter of explanation.

Just wondering if you didnt tick a box on the nip/declaration where it asks if you were a. The driver or B. You were not.

And even though you submitted licence and paid fine iwondering if it would show as not disclosing on their system . ?

Just wondering if you didnt tick a box on the nip/declaration where it asks if you were a. The driver or B. You were not.

And even though you submitted licence and paid fine iwondering if it would show as not disclosing on their system . ?

No mate ... aparently my licence didn't arrive at the place it should have done for the endorsements.

Done all that Baloo ... just wondering if anyone knows how long they take once they get the letter of explanation.

About a fortnight is the norm.

If no reply received by lets say the 14th of April, then call them and explain that you are awaiting a response, you have not heard anything and you are looking at going on holiday were you will need your licence and time is becoming "of the escence" or something along those lines.

It may be a little white porky, but who is to say that you are not going away and that you don't need your licence and as a lay person, you don't know how these things work, so it will give them a gee up.

Done all that Baloo ... just wondering if anyone knows how long they take once they get the letter of explanation.

 

About a fortnight is the norm.

If no reply received by lets say the 14th of April, then call them and explain that you are awaiting a response, you have not heard anything and you are looking at going on holiday were you will need your licence and time is becoming "of the escence" or something along those lines.

It may be a little white porky, but who is to say that you are not going away and that you don't need your licence and as a lay person, you don't know how these things work, so it will give them a gee up.

Once again ... thanks TC.

I saw your TV appearance by the way. You could have hd a shave! ...

I saw your TV appearance by the way. You could have hd a shave! ...

Legacy of my big crash that left me disabled is that I cannot shave without half my face coming off with the razor

So not so much I could have had a shave, more of I can't shave

And it was filmed over 3 years ago

Haha ... Does your name fit your job??

Just looked up on the royal mail website and had confirmation that my court plea and supporting evidence has been received and signed for at the Bath County Court by a Harry Law!

Had to laugh.

I saw your TV appearance by the way. You could have hd a shave! ...

 

Legacy of my big crash that left me disabled is that I cannot shave without half my face coming off with the razor

So not so much I could have had a shave, more of I can't shave

And it was filmed over 3 years ago

this is awkward! Apologies.

this is awkward! Apologies.

Its not an issue.

You are now a member of the Jeremy Clarkson club, a "Beardist"

Anyway, the crash in some ways did me a favour and some good came from it other than my disability. I always hated shaving and.....I got a new Police bike out of it as my old bike broke in 2 and exploded

this is awkward! Apologies.

 

Its not an issue.

You are now a member of the Jeremy Clarkson club, a "Beardist"

Anyway, the crash in some ways did me a favour and some good came from it other than my disability. I always hated shaving and.....I got a new Police bike out of it as my old bike broke in 2 and exploded

I'm not beardist ... I have one. Just my pathetic sense of humour.