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Hi
So I get a speeding ticket and a form to admit driving which I did. Or so I thought!
Anyway, I forget about it and then three months later I get a court summons for failure to provide driver details. I read all about it at the time and the consensus was to admit to avoid court and they usually quash the section 172. I get a fine today for £1,100 and four points. I’m assuming I’ve not a leg to stand on? Seems very harsh considering I thought I had admitted originally but it must not have logged correctly online?
Any help would be appreciated. Im also worried about this offence effecting my work as im checked every year.
Regards
Mike
Did you take legal advice?
Seems very harsh considering I thought I had admitted originally but it must not have logged correctly online?
Any evidence to back this assertion?
When you submitted it online did the system not send back a confirmation email/text - presumably you'd have checked that at the time?
Unfortunately, I fear you should have queried it when the letter came through 3 months later.
Dare say it will be difficult challenging it now as you've admitted the offence and simply (in the eyes of the law) just don't want to pay the fine.
Proper legal advice is needed imo, as things will only get worse if you start messing around now.
So I get a speeding ticket and a form to admit driving which I did. Or so I thought!
and
I thought I had admitted originally but it must not have logged correctly online?
I may be out of date (or you may do things differently in England) but I don't think you can do it online. They are a bit particular about wanting a proper signature on the document.
Anyway, I forget about it and then three months later I get a court summons for failure to provide driver details. I read all about it at the time and the consensus was to admit to avoid court and they usually quash the section 172.
You need to be clearer about what you did, and when. "At the time" and "admit" aren't very clear. My understanding is that if you go to court and talk nicely to the CPS, explaining a genuine error, they will usually agree to drop the s172 if you are pleading guilty to the speeding. They can't / won't do this without you (or possibly your solicitor) being physically there to agree that.
I get a fine today for £1,100 and four points. I’m assuming I’ve not a leg to stand on? Seems very harsh considering I thought I had admitted originally but it must not have logged correctly online?
If its only 4 points it is NOT for the s172, it must be for the speeding. Presumably if this was an english case the £1,100 was not just a fine but a mix of fine, prosecution costs and victim surcharge. Did you tell them about your means/earnings? They *should* only have proceeded with a speeding conviction IF they had the means to prove the ID of the driver. My *guess* is they've fined for the s172 and the speeding. I think you might have done well not to end up with 10 points - since the speeding and s172 were on different dates!
Any help would be appreciated. Im also worried about this offence effecting my work as i'm checked every year.
- if it matters that much the time for proper advice was when they accused you of s172!
- in reality most vettings will not mind those offences IF you are upfront with them.
Have you read the sentencing guidelines? They are publicly available. Before doing anything - I'd want to work methodically through them and decide if the fine is "about right" for the offence(s) AND if you were convicted for the s172 and the speeding. It will be difficult to appeal the offences if you admitted them - or failed to turn up at a trial believing your letter would sort it out. I wouldn't consider that without proper advice: don't go to a motoring specialist they'll take £2K and promise the earth, an ordinary defence solicitor doing magistrates court work will be able to tell you if your were stupid and unfixable or there's an obvious error on their side (e.g. if you didn't explicitly admit the s172 and they didn't set a trial). If you really don't want to pay a solicitor go to pepipoo - but scan redacted copies of everything as they will be guessing as much as we are!
Yes this is my fear. And yes I should’ve checked for confirmation but this was my error. I probably will have to just suck it up.
Looks like you have to suck it up - not something you can 'forget about' - you should have been on top of it. So how much over the limit were you doing - a fair whack for 4 points then ?
If you plead guilty then that's done, unless there are some specific grounds see
You can appeal the fine and points, get legal advice if you're considering that
Worth putting a post on Pistonheads. Apart from the usual free advice which is worth what you pay there is an experienced road traffic specialist who posts on there.
Posts under AGT law.
http://www.counsel.direct/contact-1
https://www.pistonheads.com/gassing/forum.asp?h=0&f=10
But as said above the time for proper advice was before pleading guilty.