Toyota Hilux - 3 Pt Fixed Penalty Increased To 4 Due DVLA Error | Legal matters | Back Room Forum

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Fri 4 Oct 2013 06:00

Toyota Hilux - 3 Pt Fixed Penalty Increased To 4 Due DVLA Error - Stanthedog

Earlier this year in March, I unfortunately when driving home I made a mistake and exceeded the speed limit in a 40 mph speed limit zone and I was stopped by a Police traffic officer. I received a fixed penalty notice, with a 3 point endorsement and £60 fine. 1 week later I presented my documents at a Police station, copy of my insurance certificate and my paper and photo driving license, which I left with them for processing and for forwarding to the DVLA. At the same time I received a Police witness statement acknowledging that I had attended and for the receipt of my documentation. Several weeks later the £60 fine was debited from my credit card and my license was returned to me.

Approximately 4 weeks ago I was surprised to receive a summons to attend a magistrates court for the same offence. Given that my understanding was that this matter was closed and being surprised at this I contacted the court to query why this at reached the attention of the court. At first I was informed that the authorities had no record that I had surrendered my license and paid the fine, but subsequent investigations by the court confirmed that this was not the case and that through no fault of my own an administrative error had been made and that DVLA had not properly endorsed my license and that the fine I had paid had only been put into a holding account. I queried if this could be corrected without the need for a magistrate to hear the case, after all I had followed the correct process for surrendering my license and the £60 fine had been paid. I was informed that it was not possible to stop the court case but I should not worry as this would be considered by the magistrate and the court having investigated this would make them aware. I therefore had no option to plead guilty, after all I was guilty of speeding, but to support my case I documented the above history and I also enclosed a copy of the police witness statement confirming that I had previously submitted my documents, and my credit card online banking credit card statement to show that the fine had been correctly paid.

The case was held earlier this week. Due to work commitments, I am self employed and was working away, I did not attend, hence my guilty by post plea. Last night I returned home and a letter was waiting for me with the decision of the court. Given that I have followed the full correct procedure, an error had been acknowledged by the court administrative assistants, and through not fault of my own this had reached the court's attention I was expecting that the matter would be closed and the 3 point endorsement and already paid £60 fine would stand. Opening the letter I was shocked to learn that the 3 point endorsement had been increased to 4 points and that the £60 fine had been increased to £155 (£100 fine, £35 victim surcharge and £20 court costs)!! Where do I stand as it is obvious that an error has been made ( not by myself) and I now have to pay the increased fine by 28 October otherwise there is a threat of further legal costs and action. There is no mention that I have already paid £60 but I don't see why I have to accept the extra penalty point and increased fine. Am I able to appeal this decision, what are the implications of this? Should I be seeking legal advice? I feel totally aggrieved as I appear to be paying the price for someone else's error.This causing an incredible amount of stress and I want the get this sorted as soon as possible. I will be ringing the court when they open later this morning!

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Fri 4 Oct 2013 09:10

Toyota Hilux - 3 Pt Fixed Penalty Increased To 4 Due DVLA Error - Dwight Van Driver

Firstly did you speed fall in line with ACPO Guide for dealing with offences by Conditional Offer. If outside those limits then a Court could be involved and they realised this somewhere along the line. i.e. up to 66 for a CO -over and Court.

Secondly it would have been prudent to attend the Court and plead NG so that the facts could go before the Magistrates i.e. the error if CO was in line.

Now you can either speak to the Magistrates Clerk Office at the Court concerned and speak about lodging an appeal against sentence (pleading Guilty you cannot appeal against conviction) or speak to a Solicitor versed in Traffic law.

dvd

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Fri 4 Oct 2013 18:46

Toyota Hilux - 3 Pt Fixed Penalty Increased To 4 Due DVLA Error - Palcouk

You pleaded guilty by post, therby admitting the offence.

It will now be a long and expensive process to try to get that overturned.

When dealing with such matters you cannot rely on verbal information/advice

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