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Help! Speeding fine advice needed.

(2 Posts)
RestlessTraveller Sat 25-Mar-17 13:36:17

I was caught speeding by a camera (36 in a 30). I asked them for photographic evidence as I couldn't remember who was driving on the day and it came back as being very clearly me. I then sent the required paperwork off (unfortunately the post office was closed when I got there so couldn't send it recorded delivery). That was in November. I've heard nothing back until I receive a letter from the court today stating that I have "failed to give information relating identification of the driver" and informing me that the court has decided that my licence be endorsed with 6 points and telling me I need to pay £811 by April 1st.

Is there anything I can do about this? Surely if it was going to court I should have been asked to attend?

jalapenos Sat 25-Mar-17 14:49:11

You will need to contact the court without delay to make a statutory declaration. This will involve attending the court and declaring in front of the magistrates that the first you knew of the court proceedings was the letter that you received today.

Assuming they accept this, the conviction will be set aside and the CPS will be able to start the proceedings afresh. In all likelihood, as long as you get a court date within six months of the speeding offence, they will proceed with the speeding offence and you will get a fine and points. If you're really lucky, the magistrates will adjust the sentence so that you pay no more than the fixed penalty notice that you tried to accept in November.

If more than six months have elapsed since the speeding, then it's probably too late for the CPS to charge you with that offence. They'll then have to decide whether to re-charge you for failing to give information (known as a section 172). If they proceed and you plead not guilty, then a date will be set for a trial at which you will need to persuade the magistrates that you posted the reply letter in November. In the absence of any direct evidence or anyone who witnessed you post the reply, it will be down to whether or not the magistrates believe you on the day.

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