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Dewi39

Summons on Referral to Court

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All,

I would really appreciate some advice please as I am worried sick.

 

The following is a rough timeline. I would appreciate any thoughts and advice. Thanks in advance.

• Offence (a) I received a ticket for 25/12/2017

Speeding Westbound 58 mph in a 50 zone

 

• Offence (b) I received a ticket for 25/12/2017

Speeding Eastbound 56mph in a 50 Zone

 

• I declared that I was the driver for both offences and both forms in the same envelope

 

• I then received a fixed penalty notice for offence (a)

 

• I received a fixed penalty notice for offence( b)

 

• I accepted the 100 pound and 3 points for each offence and sent the paperwork back.

 

• I paid 2 x £100 as directed.

 

• I later received a letter to say that I had not sent my Licence. I had indeed forgotten to include my license.

 

• I sent my license and it was returned to me after a few days (I assumed 6 points had been added)

 

• I received no further correspondence from the fixed penalty office

 

• On 30/05/2018 I received a single justice Procedure notice for offence (a) saying that I failed to accept an offer.

 

• At this stage, I checked my driving license and only 3 points were added. It appears that only offence (B) was processed

 

I spoke with the fixed penalty office. They admitted that there had been an error but he explained that he was unable to do anything as it had been referred to the court. He told me to explain to them that I had followed the process at all stages.

 

• I pleaded guilty to the court via the form but explained that I already paid the fine and explained the circumstances

 

• Shortly after I received a refund of a £100

 

I then received a summons on referral to court as the case was inappropriate for single justice procedure.

 

• I am unsure why it was decided that it is inappropriate for single justice procedure. This has not been explained?

Edited by Dewi39

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How many points do you have on your licence (if another three takes you to twelve or more you face a "totting up" ban and so the matter is unsuitable for the single justice procedure).

 

Other than that, I don't know why the SJ declined to deal with your case

 

It doesn't really matter (unless you do face a totting up ban, in which case let me know and I'll explain about "Exceptional Hardship" arguments). I

 

But what you should do is either appear in court for your hearing or make sure you ask the court (by writing to them) to consider fining you at the Fixed Penalty level (£100 and 3 points).

 

If you don't you will probably find yourself facing an income related fine, costs and a victim surcharge. Magistrates have 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."

It's true that the original cause of this was your failing to send in your licence. In view of this the court may "split the difference" by perhaps ordering you to pay prosecution costs. However, I would think not.

 

The ticket office obviously agreed to process your offences via a fixed penalty after this had been pointed out to you and actually did process one of them. Only their error (i.e. "administrative difficulties") prevented them processing the other likewise. I would suggest this clearly fits a "reason unconnected with the offence itself, such as administrative difficulties outside the control of the offender."

 

Personally I would attend court to explain this as these things sometimes have a habit of being overlooked if conducted by letter. Make sure you take a note of that guidance paragraph with you.

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