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failed to give info regarding speeding fine

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butzee | 10:54 Tue 12th Jul 2011 | Motoring
3 Answers
Hi
I received a court summons today informing me that i had not responded to two letters sent to me relating to a speeding fine in March 2011.
Having not received the letters this is the first i am aware of the situation so am a little annoyed!!!
What are my options especially seeing as i cant really afford legal representation?
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You need to get in touch with the court that issued the summons. You will need to make a "Statutory Declaration" under oath to say that you had not received the earlier letters. The organisation that issued the original fixed penalty (probably a "Safety Camera Partnership") will usually then set aside the action they have taken to prosecute you under Section 172 of the Road Traffic Act. (This is the section that deals with failure to give driver's details). If they do so they will start again by offering you a fixed penalty notice for the original speeding offence (providing you are eligible).

If they do not (and they may not if they are approaching the six month time limit for prosecuting these offences) you will have to attand court, plead not guilty and stand trial under Section 172. Your defence in those circumstances will be that you did not receive the original notices.
You don't need legal representation butzee. Just go along and state your case. You've got nothing to lose by attending. If you don't attend you'll be found guilty anyway.
Yes chrissa is quite right.

Don't just leave it as the S172 prosecution will go ahead in your absence. This offence attracts six points and a fine of about £500 (in the absence of any information about your means).

The Statutory Declaration process is quite easy and the court's Legal Advisor will help you through the process. Contact the court first though as some courts only deal with such matters on certain days.

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