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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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I got a postal requisition court summons speeding offence,

Customer Question

Hi, I got a postal requisition for a court summons for a speeding offence, the only charge is speeding. I have completed the S172 and admitted it was me, but have had nothing since then. This completed S172 is supplied as evidence in the pack that came in the post as part of the summons. What do I do?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Sorry if I'm missing the point but were you expecting anything else? What are you hoping to do? You seem to accept the offence?

Customer: replied 1 year ago.
I have had no offer. Nothing since I sent back the S172. No option to have points added to my licence or notice to pay a fine. Do I fill in the pack as guilty and then pay the fine then?
Expert:  Jo C. replied 1 year ago.

There is no right to a fixed penalty offer I'm afraid. They just use them to reduce the pressure on courts. Depending on the speed it might not have been appropriate for that reason. If they have summonsed anyway then it is no defence to say that you have not had a fixed penalty offer. In those circumstances your only two options is to plead guilty and pay or contest the matter and put them to proof but there are risks of costs in that. Sorry that is probably bad news. Can I clarify anything for you? Jo

Customer: replied 1 year ago.
The speed was 36 in a 30 zone. What sort of fine and points am I looking at?
Expert:  Jo C. replied 1 year ago.

That woukd just lead to three points and a fine of between 75-125 % of your weekly income. If you are lucky you might get a bench that fines you £85 and makes you pay the surcharge of £15 so you would be dealt with as though you had the fixed penalty anyway.

Customer: replied 1 year ago.
Thanks, ***** ***** had received the fixed penalty notice and what I had to do next I would have done that. I just don't know why this has gone to a court. Would I be better filling in the paperwork as guilty or attending in person?
Expert:  Jo C. replied 1 year ago.

Generally speaking it is better to attend in person. There are exceptions but in this type of situation you have quite a lot of mitigation about the fact that it is actually in court. It depends whether you are willing to take time away from work. Most people have better things to do than go to court I suppose.

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