DSS has not paid speeding fine(57 Posts)
Hope you cAn offer some advice.
My DSS got a speeding ticket the back end of last year.
He got the letter, wrote back stating would accept the fine rather than the points as he is late teens.
We have since found out he hasn't paid the fine.
He was looking at car insurance last night and saw that his licence has been revoked ( this will be because of 6 points not long after passing his test).
He will lose his job if he has no licence.
Does anyone know of its worth contacting a solicitor as he states he received nothing At all through the post just this initial letter advising he had been caught speeding.
Or does he just need to suck it up and re take his theory and driving test again?
My experience as s lawyer, albeit in Scotland, is that it's not an 'either or' situation. It's points AND a fine. To get 6 points off the back for speeding means he must have been doing a fair speed, unless he already had 3 points for something else. If he wrote back accepting it, even if he misunderstood that he couldn't pick the punishment, then I reckon he's buggered.
I understand the same as PP. It's not points OR a fine that they offer. He will also have had a letter further to the original conditional offer letter.
I think he's been quite slack in dealing with this matter and either hasn't paid attention properly or hasn't done what he was supposed to do according to the letters.
I'm not sure if there's an appeal process? Never heard of it tbh.
Thanks for the advice. He isn't being clear if he had points or not previously.
He has been slack dealing with it but I hope he's learnt his lesson about speeding and not addressing things.
I've told him he needs to ring the courts today and confirm he hasn't got a ban or a warrant out.
Providing he hasn't got either of the above will he need to pay the fine before he can re take his test? We would have to pay for the re test as he can't afford to be out of work but we can't afford to pay the fine also. He can't pay the fine unless he's working.
Would he need to apply for a new provisional also?
When he got the fine, would it have stated in the same letter he was getting the points also?
It's like getting blood out of a stone with him at the min.
Speeding letters usually state something like X number of points + £X fine and ask you to write back to confirm you were the driver then you receive another letter with how to pay the fine.
According to the gov.uk website, if he has been driving for less than 2 years then he would have to apply for a new provisional licence and then re-take both parts of the test.
If he has an outstanding fine he will need to pay that too.
You also need to make sure he does not drive again until he has a new licence or he will be in even worse trouble for driving without a licence and without valid insurance.
After recently dealing with DPs speeding fine for him it was £100 fine and 3 points or the speed awareness course which was £130. However I don’t think you can do speed awareness in your first 2 years? DP then got another 3 points and hefty fine for not sending off his license in time.
So by the time I saw the letter it was £600 fine and 6 points, which had he been in his first 2 years would mean his license being revoked. I imagine it could be similar with your DSS
He's stating he never had anything just one letter telling him he had been caught speeding. Then nothing.
He has buried his s head in the sand about it and said nothing.
Now I am worrying about warrants out for him and such.
Will he need to pay the fine before he re takes his test does anyone know?
Yes icklepickle I think this is exactly what he's done.
Except he's not saying he's never had no letter except one stating a fine. He mumbled something about three points so it will be he's got three points Aswell as a fine and now another three for not paying the fine which I bet has now gone up.
He needs to ring the court end of. Find out what he fine is now and ask for instalments so he can pay it off whilst we pay for his test.
It was over six months ago I am surprised we've not had bailiffs out!
Unsure as to whether or not he would need to pay the fine before he takes his test again, but I would imagine being an outstanding fine, it will need to be settled.
Sorry to be brutally honest here, but the fact he has buries his head in the sand regarding it all, there's a possibilty that he could be pulling the wool over your eyes as to whether or not there was another letter?
No I agree. He may of had another letter and not told us.
He's adamant he hasn't and we can't prove it one way or the other so it's a mute point at the min.
I am really hoping that this will teach him his lesson about taking responsibility for things.
I am going to ask his father to make sure he pays back the cost of the driving and theory test. Or how else will he learn if he doesn't and keeps getting bailed out.
There's never a choice between fine or points. It would have been both. The fact that he wasn't able to deal with this seriously is in part a demonstration that he is not yet mature enough to be a driver so rather than trying to appeal and/or get him back on the road swiftly I would focus on how to get him able to function in employment now that he doesn't have a licence.
What is his job? Would it be feasible with a bicycle? Is it just the commute that is an issue or is there travel during the working day?
Driving is a fundamental part of his job. He's studied hard to gain the qualifications and he needs to drive from site to site. 100 miles a day.
He won't get 3 points for not paying the fine. He's either got 6 points for this offence or he's previously received 3 points for something else and now 3 points for this. If he's previously had points then he must know what the score is and should realise that it's points and a fine. He will need to reapply for his provisional and then take his test.
Is he actually legal to drive now? Cos if he's driving without a licence, he's in deep do do if caught and particularly if there is an accident, due to the costs being passed onto him as he'll be uninsured.
Does he realise he cant drive at present though? Until hes been retested.
He was looking at car insurance last night and saw that his licence has been revoked
Can you explain what you mean by this?
But is he driving now - this week? If his license has been revoked then it's illegal for him to be driving at all surely? If he is pulled over he could be arrested. I'm pretty sure the penalty for this is potentially 6 months in prison and a fine. In addition to losing your license.
showerfire your drivers licence can be revoked if you have been issued any penalty points, but haven't returned your licence for them to be physically added. Or in this case, it may be due to going over 6 penalty points withing 6 months of passing his test.
Sorry, I believe I'm wrong about the six months thing. I think it's actually if you accumulate 6 points withing the first two years of driving.
your drivers licence can be revoked if you have been issued any penalty points
That wasn't my question. I was asking how he realised his license had been revoked by looking at car insurance.
He needs to face the consequences, take his tests again, and learn that he's not invincible, or immune from having the book thrown at him, and if he does get back on the road, realise that the cost of insurance will now be sky-high (which is not a good reason for not getting any, which some drivers would do).
You might need to tell him some horror stories of how an unpaid £60 fine can quickly become £1000 or more if it's ignored, drivers who are uninsured ending up with 5-figure bills, and how people have gone to prison for messing about with speeding fines (Chris Huhne and Vicky Price). They're not the first, and they won't be the last. Yes, their offence was quite different, but he might be surprised and shocked to hear about it.
He probably thinks many things in life can be haggled over: prices, agreements, contracts, deals, which is true to some extent, but fines are one thing that really mustn't be messed about with. He's probably of the mindset that he won't be caught, especially as it's been six months now: he's in for a nasty shock sooner or later.
He was looking at car insurance. Went on the dvla for something and saw it was revoked.
No he isn't driving.
I think he is going to be in for a shock when he calls them today!
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