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Vauxhall mokka - Surrendering your license - Will Watts

Just wondered if anyone had advice regarding sending off your driving license in the post after settling a speeding fine online using the government payment portal? I paid the fine 6 months ago and now Devon and Cornwall police are taking me to court. I don't think there is any legal requirement to post your license since everything is now updated automatically. Should I challenge the decision in court risking a bigger fine?

Vauxhall mokka - Surrendering your license - Brit_in_Germany

This says you have to send your licence to DVLA if asked to

www.gov.uk/penalty-points-endorsements/returning-y...t

This implies that if you are not asked to send it in, you don't have to but if for some reason you haven't responded to a request, the police could get involved.

Vauxhall mokka - Surrendering your license - Will Watts

I read that too but it says you don't need to give your license to the police or the fpo. It was a regular sp30 offence so there was no suggestion that iit would go to court at the time.i don't believe I should be charged with a criminal offence (as it states on the letter) for failing to send off my license when they'll just send it straight back.

Vauxhall mokka - Surrendering your license - Adampr

What does the letter you've received say? Does it say what offence they're planning to take you to court for?

Vauxhall mokka - Surrendering your license - Will Watts

No offence has been stated..it's guess work on my part. I did get a quick legal consultation and they said it probably is failure to submit my licence. But also confirmed that the law changed last August and it's no longer required.

Vauxhall mokka - Surrendering your license - RichardW

I believe the system changed in Nov last year, so you are probably on the wrong side of it - before that you had to send licence off, now you don't. The original letter you got which you sent off when accepting the fixed penalty should have told you what you needed to do - if you kept a copy you will be able to see. A call the office, profuse apologies, and sending off licence may well be enough in this case.

Vauxhall mokka - Surrendering your license - Middleman

I believe the system changed in Nov last year, so you are probably on the wrong side of it -

Yes it did, and it was the date of the offence which counted.

A call the office, profuse apologies, and sending off licence may well be enough in this case

I'm not so sure that it will. The last resort the police have is to prosecute through the courts. This is what they've done. A call offering to submit your licence will cost you nothing and is worth a try but I have an idea they will turn you down. To agree to your request they will have to defer the court action to give you a chance to submit your licence and I'm not so sure they will be prepared to do that.

There is some good news in that Magistrates have guidance which they can refer to in similar circumstances. It 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."

Of course this situation was within your control - in fact you caused it. But a kindly Single Justice may see fit to use that guidance and sentence you at the fixed penalty level. When you return your SJPN you should respectfully request that the guidance is considered.

Vauxhall mokka - Surrendering your license - Will Watts

Thanks for that. I feel that I'm in the right because the law changed before the offence.just weighing up what to do..I do feel that this needs to be addressed so that others don't fall foul of.it..I'm hoping that the original fine is applied with no costs as you suggested might happen. But I've also set out my case to my MP because the courts shouldn't be dealing with this kind of case.

Vauxhall mokka - Surrendering your license - Will Watts

Also to say there's specific instructions not to try to contact the police. They say that it's in the hands of the court. I don't feel I should apologise when they're in the wrong. They should have accepted the fine which I paid at the time.but I also don't want to incur a bigger fine so can't plead not guilty.