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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64700
Experience:  Over 5 years in practice.
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Hi, I was sent a speeding ticket through the post by the

Resolved Question:

Hi,

I was sent a speeding ticket through the post by the police. I requested they put me on the speed awareness course as my licence was clean and i was driving 40mph in a 30mph zone. The rejected it and took me to court.

I wrote a letter and indicated a guilty plea and explained my wife was pregnant and was experiencing pain and lack of fetal movements and I was trying to get her to hospital.

They wrote back giving me 4 points and a 525 fine! This seems very high I just chance to explain why I was speeding!

Is there anything I could do?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

I think that what happened was this. I realise that you were trying to mitigate when you said she was pregnant etc but, in fact, it amounts to a defence. They rejected your guilty plea and set the matter down for a trial. You were convicted in absence and that is why the fine is so high. Most of it would be made up of costs.

You can always return to court to ask that this be set aside as I imagine you wouldn't have received the summons. Then you could plead guilty.

You are facing a fine of about £200 ish but the costs would be about £85.

Unfortunately though, the reason this has happened is that you didn't just explain why you were speeding. You raised a defence. I realise you wouldn't have known that but thats what happened I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 1 year ago.
No they are saying that they did not receive my postal requisition form with mitigating letter and I expected them to list the case for special reasons or something like that I have written to the court with a copy of my postal req form will they re open it is there anything in law for me to rely on
Expert:  Jo C. replied 1 year ago.
It could be that. So they directed a not guilty plea and convicted you in absence.

You can still ask them to set it aside and then attend court and plead. That would shave off about £300 in court costs.

You could argue that it amounts to special reasons as this is a medical emergency but if it goes against you then you will have to pay costs.
Customer: replied 1 year ago.
But is there any authority or legislation for opening my case again as they will probably say its my job to ensure that the postal req gets there
Expert:  Jo C. replied 1 year ago.
Its not an issue of law.

But its not down to you to do that. All you can do is put it in the post. You are not responsible for Royal Mail.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64700
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

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