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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69256
Experience:  Over 5 years in practice.
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I have just received a Notice of fine and collection order

Resolved Question:

I have just received a Notice of fine and collection order for a motoring offence that it is alleged I committed about 9 months ago. I was issued with an FPN (Mobile phone use) and produced my driving licence within 7 days, did not surrender it but requested a court hearing by use of tear off slip on FPN. I expected a summons to court but never heard anything until now. Do i not get the opportunity to give my side of events. I have documentary evidence to support my case and was actually relishing the opportunity to prove an obnoxious traffic officer was 'mistaken'. Or do I have to swallow the fine and points on my licence? Thank you
Submitted: 6 years ago.
Category: UK Law
Expert:  Jo C. replied 6 years ago.



If there is a fine then there must have been a court hearing. You should have received a summons.


Have you moved house?

Customer: replied 6 years ago.

No still at same address.

Expert:  Jo C. replied 6 years ago.

If you genuinely haven't received a summons then you can always make a statutory declaration to that effect at any magistrates court. That will wipe the points and the fine and take it back to FPN stage.


The only point that I would make is that if you did, or you think you may have done, its really not worth making a stat dec untruthfully. That is a crime in itself and they do prosecute people now. If they charge you with perverting the course of justice you will be in the Crown Court facing custody.


But if you didn't receive anything then make a stat dec.

Customer: replied 6 years ago.
How is statutory declaration made?
Expert:  Jo C. replied 6 years ago.

You can do it at any Magistrates Court.

I think the rules do allow counsel and solicitor to make them now but if this is a driving matter its always better to go to a magistrates court and do it on oath. Some courts charge £15.

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