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ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1290
Experience:  LLB (Hons), Dip LP, NP
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I received a speeding fine which I initially tried to pay but

Customer Question

I received a speeding fine which I initially tried to pay but only sent my paper licence. When the court replied asking for my photo-licence I was in Canada but managed to send it. It was held in UK customs meaning the deadline was missed and therefore the court increased the fine from £60 to £150.

I have appealed this on the grounds that I made two attempts to pay the fine and the late delivery of the photocard was out of my hands. I spoke to a court employee who admitted the penalty did not ask for both parts but that the licence it self does.

I am aware that many people are stung by this but feel I have fair grounds for the original £60 fine to be re-instated on the grounds that I made 2 attempts to pay the fine and the fact that the deadline was missed is out of my hands.
Submitted: 8 years ago.
Category: Scots Law
Expert:  ScotsLawPro replied 8 years ago.

HiCustomer/p>

 

Thank you for your question.

 

The original fine that you talk of was what is known as a fixed penalty. You are given a particular time to comply with this, otherwise the case is then dealt with by the court. That is what has happened to you. You should appreciate that the courts receive many cock and bull stories about delay in paying these fines and as such they simply treat all excuses as the same. They tend to ignore them, unless you attend at court in person and explain with proof the reason for the delay.

 

The only option now open to you is to appeal to the High Court about the disposal. If the fine was imposed more than 14 days ago you have missed the time limit and cannot appeal. If you are not eligible for legal aid it will cost you significantly more than the £90 increase in the fine to do this, at least 10 times that. In my opinion, whilst this may be sticking in your throat, you should simply pay the fine and put it down to experience, albeit a bad one.

 

Hope this helps. Please click ACCEPT for my time to be credited.

 

SLP

 

 

Customer: replied 8 years ago.

My situation is not one of the "many cock and bull stories". I have provided a photocopy of my recorded delivery receipt from Canada and as of yet have not been given the opportunity to attend the court in person and explain with proof.

 

I'm not willing to role over like everyone else but am also not willing to pay for legal representation.

 

Thanks for you efforts.