Bit of advice pls - S.172 Rod Traffic Act 1988

[KJD]

Hello good people of this section. I'm hoping you might be help me with a problem...

Earlier this year I was caught on camera using my mobile whilst driving (stupid I know, esp as I had a bluetooth set in the car) and got the usual paperwork through the post. I filled in the forms and returned them within about a week of getting them. Scroll forward to yesterday, when I get a letter from the courts saying that I have failed to submit my licence as requested and would I send it in now to have some points added. Okay, so I must have missed that bit in the original forms, but am photocopying today and posting off. Today, I've just got home to find a 'letter' from the 'Adult Bench' of my local law courts - Notice of fine and collection order. Basically it says that I 'failed to give information re driver's identity as required - s.172 Road Traffic Act 1988'. For this they are fining me £525.00, plus 'costs' @ £60.00, plus 'costs' @ £15.00 = £600.00. It goes on to say the court has made a collection order to collect the sum due. The letter is dated 24th Oct, the date at the bottom of the letter states 3rd Nov, the postmark is 5th Nov and I've got till 7th Nov to pay the £600!

So, I am going to have a good look round here to see if there are any threads similar, but have gone in to a bit of a tail spin after receiving this!

Any advice gratefully received!

nb I am going to dig the forms out I posted back earlier this year - I'm guessing they're saying they didn't receive them? I sent them 1st class (before I realised the importance of Rec Del!), but will have a receipt from the post office for this.

[Ting]

If the deadline is that tight - post this on the speeding section of 'PePiPoo' forums. Fast and furious responses there normally.

No offence to the helpful members here - but it's urgent.

(If Mods have a problem - given your ridiculous attack me recently - tough.)

EDIT really, there is no need to be offensive

[KJD]

Thank u Ting. I have to admit I was thinking the same thing. I'll pop over and see what they say, but please, if anyone else has any advice, let me know.

[KJD]

Okay, I am receiving some help from the people at PPP. It now turns out that the oroginal paperwork I received was indeed a NIP. In response to this I returned the Driver / Keeper Statement.

After this I did not receive anything until the request for my licence, then today's fine. I have been searching frantically on here, there and everywhere regarding this and I get the impression I should have received a summons for (allegedly) not returning the Drivers Statement.

Is there a process to appeal the fine?

Failing that, I think I am going to have bite the bullet and telephoen the courts tomorrow, explain that I only received the fine today and that I think it is unreasinable of them to request payment tomorrow. I should also mention I am a single parent and on tax credits. Do you think they will let me make a payment arrangement with them?

[patdavies]

Instead of phoning the Court, go there tomorrow and speak to them. (ask to see the Court Manager)

Explain that you have had no communication since the NIP and that in light of not receiving any summons, you wish to apply to have the judgement set aside, in order that it may be defended.

You will have to complete forms etc. and then it will be presented to a Magistrates' Bench to be considered. They should stop pursuing the fine until a ruling is made.

If the Magistrates accept your application, a new summons will be issued. At that point, you need to investigate exactly why you have been summonsed for failing to supply if you returned the S.172 form shortly after receiving the NIP.

As this is a Magistrates' Court and thus a criminal matter, you can apply for time to pay.if they do not accept your application to set aside

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[KJD]

Thank you so much PD (great surname BTW ). I'll go down first thing tomorrow and see what happens. You say it will be put before the magistrates bench - will that be there and then?

I suppose it's 50/50 whether they set it aside. They didn't receive my form - I didn't receive theirs. I have read that they deem normal postage to be sufficient, so it should work both ways, shouldn't it?

We'll see..

Thanks again. Can try to get some sleep now.

[KJD]

Well after an awful night, and then having to wait for cover at work, I toodled on down to the courts. Got the wrong one first (doh!) but eventually was directed to the enquiry desk of the Magistrates Court. I was a quivering wreck by then! I explained everything to the lady and she was an absolute diamond! She told me to write out the events in the form of a Stat Declaration. I had photocopied everything in triplicate so attached copies of everything to the letter. While I wrote it out she went off to the finance department and told them what was happening so they could make a note on my file (should slow up the bailiffs / police then!) She even photocopied my letter so I could have a copy.

I should hear whether they have agreed for the case to be re-heard, which should result in a reduced fine.

Thank you, PD, for telling me to get my a**e down to the courts rather than phone them. You're a star.

[KJD]

Update..

Have received a letter from the courts saying that they have relisted my case - "The purpose of this hearing is for an application to be heard to have your case re-opened under Section 142 Magistrates' Courts Act 1980". They have suspended collection of any fine pending the outcome of the above hearing.

So a MASSIVE thanks to all who helped.

CAG added to my Christmas pressie list (donation)

[KJD]

Attended court this morning, judges decided they would drop the s172 charge & fine, and re-instate the original offence of using mobile whilst driving.

RESULT!!!

They're going to give me 3 points back and I've paid the £60 fine.

Thanks to all who advised - and a Merry Christmas one and all!

[freakyleaky]

Great result KJD. Excellent.

[patdavies]

Not a bad result.