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Jo C.
Jo C. , Barrister
Category: UK Traffic Law
Satisfied Customers: 69036
Experience:  Over 5 years in practice.
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Hi there In November 2012 I was caught speeding. doing 37

Resolved Question:

Hi there
In November 2012 I was caught speeding. doing 37 mph in a 30mph zone. I was however not contacted until February 2013.

I promptly sent back my details to the fixed penalty office including photocopied card and counter part drivers licence and visa card details.

After several weeks my details were returned and I was informed my payment could not be processed as the original documentation was required.

I then sent my details again. This time they were returned as my card had expired.

I sent my details again - this time my payment was declined. I received a letter stating that because it had taken so long for me to respond I could no longer pay and had to wait for the police to prosecute and issue me with a court summons.

I am and always have been happy to pay this fine. My worry is now that it may effect my credit rating - as I hope to apply for my first mortgage over the next six months.

Can you please advise me regarding this. If I pay the money in full when the court summons comes through and do not dispute this - will my credit rating be OK?

I am so worried

Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

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

There's no need to worry about this. Magistrates Court matters do not show on your credit check.

In any event, even if they did, you are not in breach of any credit regulation. A fixed penalty notice is not a demand. Its just an offer to dispose of the matter in that way. They have no right to demand funds at that time as you do actually, despite this Government's efforts, still have the right in the UK to plead not guilty and have a trial if you want to. Despite the previous Labour Government's best efforts we still don't have people tried in a police station yet.

Even if you negotiate a lesser payment in instalments with the collection office and the Magistrates Court, it won't show on your credit rating.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69036
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
FOR JOMO1972 Thank you so much for getting back to me so quickly I have been losing sleep over this. I was worried I wouldn't be able to apply for my first mortgage in a couple of weeks so this has helped me so much. worth every penny spent just for the reassurance.
I hope that I will have the option of paying the fine instead of having to go to court but apparently I now have to wait until I hear from the court / police.
All I care about is that credit report isn't affected.
Expert:  Jo C. replied 3 years ago.
They are likely to summons you.

The problem that they have is this. They have long since had the right to offer fixed penalties to reduce pressure upon courts. Thats all very well but if they don't get the original offence into court within 6 months they are time barred from summonsing. The effect of that is that if the fixed penalty is not properly accepted within a certain period of time, whether its the fault of the speeder or not, they are really under an obligation to summons to avoid time barring.

If you make these points in your paper mitigation though the Magistrates might well give you a fine of £45 plus the victim surcharge of £15 and 3 points with no order for costs so you'll be dealt with as though you had the fixed penalty anyway.

Either way, it will make no difference to your credit rating.

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